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Jolly, Julius, 1849-1932,
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The minor law-books

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THE

SACRED BOOKS OF THE EAST

[33]
ITonbon:

HENRY FROWDE

Oxford University Press Warehouse

Amen Corner, E.C.


THE

SACRED BOOKS OF THE EAST

TRANSLATED

BY VARIOUS ORIENTAL SCHOLARS

AND EDITED BY

F. MAX MULLER

VOL. XXXIII

AT THE CLARENDON PRESS


1889

[Al/ rights reserved^


THE

MINOR LAW-BOOKS

TRANSLATED BY

/
JULIUS JOLLY

PART I

NARADA. Bi?/HASPATI

AT THE CLARENDON PRESS

1889

\_All rights rcsei-ved]


CONTENTS.
PAGE

Introduction to Narada xi

....
.

xxiii
Abbreviations
Narada .....
The Author's Preface .
I

Introduction. I. Legal Procedure 5


II. The Plaint 24
III. Courts of Justice 3^

First Title of Law. The Law of Debt 41


I. Payment of a Debt 41

2.

'^

4-
Property ....
Valid and Invalid Transactions

INIeans of Livelihood for a Brahman in Times of


49
52

Distress . 55
5- Modes of Proof .
58
6. Lending INIoney at Interest 65
Usurers 68
7-

8. Sureties 70

9. Pledges 72
10. Documents . 75
1 1. Witnesses . 79
12. Incompetent Witnesses 82

13 Six Cases where Witnesses are unnecessary 85


False Witnesses 86
14
15 Exhorting the Witnesses 91

16 Valid Evidence ... 95


1 7. Invalid Evidence . . . •
96
18. What has to be done in default of both Witnesses

and Documents 96
Proof by Ordeal 100
19. . . • •

20. The Ordeal by Balance 102

21. The Ordeal by Fire 108


.

Vlll CONTENTS.
PAGE

2 2. The Ordeal by Water .


III

23. The Ordeal by Poison .

24. The Ordeal by Sacred Libation .


116

25. The Rice Ordeal 118

26. The Ordeal of the Hot Piece of Gold 119

Second Title of Law. Deposits .

Third Title of Law. Partnership . 124

Fourth Title of Law. Resumption of Gift 128

Fifth Title of Law. Breach of a Contract of Service

Sixth Title of Law. Non-payment of Wages


Seventh Title of Law. Sales Effected by Another than

the Rightful Owner 144

Eighth Title of Law. Non-delivery of a Sold Chattel 146

Ninth Title of Law. Rescission of Purchase 149

Tenth Title of Law. Transgression of a Compact 153

Eleventh Title of Law. Boundary Disputes


Twelfth Title of Law. The INIutual Duties of Husband
and Wife 164

Thirteenth Title of Law. The Law of Inheritance 188

Fourteenth Title of Law. Heinous Offences 202

Fifteenth and Sixteenth Titles of Law. Abuse and


Assault 207
Seventeenth Title of Law Games 212

Eighteenth Title of Law. INIiscellaneous 214


Appendix. Theft 223
Quotations from Narada 233
L Judicial Procedure 233
II. The Plaint 235
III. The Answer 239
IV. Writings and Possession 242
V. Witnesses 244
VI. Ordeals . 247
VH. IMiscellaneous Laws . 263
Introduction to the Fragments of Bi?/HASPATi 271
B/e/HASPATI
I.
....
Constitution of a Court of Justice
277
277
II, General Rules of Procedure 282
CONTENTS.
INTRODUCTION
TO

NARADA.
The Narada-smnti or Naradiya Dharmaj-astra first

Supposed origin
attracted attention nearly a century ago by
of the Code of being quoted in the Preface to Sir W.
Jones's celebrated translation of the Code
of Manu. What caused it to be brought before the notice
of the learned world, was
bearing on the origin and
its

history law-book of ancient India.


of the authoritative
The statements extracted by Sir W. Jones from the
opening chapter of Narada's law-book require some
modification at present, as he was not acquainted with
the larger and more' authentic of the two versions of
Narada's work, which is now translated. It appears from
the present work (pp. 1-4) that Narada, the reputed com-
piler of the Naradiya Dharma^-astra, refers to four, instead
of three, successive versions of the Code of Manu, in
I GO. GOG j'lokas or 1,080 chapters, in i2,ggo, 8,ogo, and 4,000
.ylokas. The authorship of these four versions is assigned,
respectively, to Manu, Ndrada, Marka/z^T^eya, and Sumati,
the son of Bhr/gu, and the Narada-smr/ti is described as
an abridgment, made by Narada, of the ninth or Vyavahara
(legal) chapter of the original Code in ioo,ggo 5-lokas. The
first part of Narada's abridgment of the ninth chapter of
Manu's Code is designed as a matrz'ka or vyavahara-
matrzka, 'summary of proceedings-at-law ' or 'general
rules of procedure.'
Though the mythical nature of the Preface to the Narada-
Explanation of smr/ti is Sufficiently apparent, some facts
the legend.
which recently have come to light impart a .

higher degree of probability to the alleged connexion between


Manu and Narada, than was formerly allowed by myself.
Thus the contents of Narada's Preface to his Smn'ti appear
XU NARADA.

to have been known to such an early author as Medhatithi,


who quotes it, rather loosely it is true, in his Commentary
on the Code of Manu, where he says that this work, con- '

sisting of one hundred thousand (j-lokas), was composed by


Pra^apati and abridged successively by Manu and the
rest \' This goes far to prove that the Preface to the
Narada-smr/ti had attained notoriety as early as the ninth
century A.D., and must be nearly or quite as old as the
remainder of the work. The antiquity of the account
given by Narada of the origin and history of the principal
code of ancient India is supported to some extent by the
Paurawik statement regarding four successive remodellings
of the original composition of Svaya;//bhuva (Manu), by
Bhrzgu, Narada, Brzhaspati, and Ahgiras'^, and by a curious
tradition preserved in the Mahabharata, to the effect that

the original Dharma^astra, produced by Brahman in 100,000


chapters, was successively reduced to 10,000, 5,000, 3,000,
and 1,000 chapters by Samkcira., Indra, Br/haspati, and
Kavya^. What is more, in a colophon of the ancient
Nepalese MS. of the Narada-smr/ti, that work is actually
designed as the Manava Dharmajrastra in the recension of
Narada (manave dharma^-astre naradaproktayaw sawhita-
yam), just as the Code of Manu in the colophons is usually
called the Manava Dharmaj-astra in the recension of Bhrz'gu

(manave dharmai-astre bhr/guproktayaw saw/hitayam, or


manave dharma^-astre bh/'/guprokte). Again, the chapter
on theft (/^-aurapratishedha), which has come to light in

Mr. Bendall's Nepalese Palm-leaf MS. of Narada, and in

a Nepalese paper MS. recently discovered by the same


scholar, forms an appendix to the body of the Narada-
smnti, exactly in the same way as an analogous chapter
on robbery and other criminal offences is tacked on at the
close of the eighteen titles of law in the Code of Manu,
IX, 252-293. It also deserves to be noted, perhaps, that
the Dhamathats of Burma, while professing to be founded

^ Manu/ikasangraha, p. 39, gloss on Manu I, 58 ; Biihler, Sacred Books of


the East, vol. xxv, p. xv.
"
Mandlik's Hindu Law, p. xlvii.
2 iSIahabharata XII, 59, 22, and So foil. ; Biihler, ibid. p. xcvi.
INTRODUCTION. XllI

on the laws of Manu, contain several rules and maxims


which may be traced to the Narada-smnti, whereas they
do not occur in the Code of Manu ^
Although, therefore, there appears to be an element of
Mann anterior truth in Narada's account of the history of
to Narada.
^^g Q^^^^ ^f ^j^^^^j^ ^^^^ ^^ ^-^ ^^^^^ Smriti,
there can be no doubt that the actual position of the two
works has been inverted by him. The composition of
Bhr/gu, or of Sumati, the son of Bhrz'gu, i. e. the now
extant Code of Manu, is not posterior, but decidedly
anterior, in date to the Narada-smr/ti, as may be gathered
easilyfrom a comparison of both works. Thus e.g. Narada
mentions twenty-one modes of acquiring property, fifteen
sorts of slaves, fourteen species of impotency, three kinds
of women twice married, and four kinds of wanton women,
twenty women whom a man must not approach, thirty-two
divisions of the law of gift, eleven sorts of witnesses, five or
seven ordeals, four or five losers of their suit, two kinds
of proof and two kinds of documents, seven advantages
resulting from a just decision, eight members of a lawsuit,
one hundred and thirty-two divisions of the eighteen
principal titles of law. The first germs of some of these
theories may be traced to the Code of Manu, and it is
interesting to note how these germs have been developed
by Narada. As a rule, his judicial theories show an
infinitely advanced stage of development as compared to
Manu's, and his treatment of the law of procedure, in
particular, abounding as it does in technical terms and nice
distinctions, and exhibiting a decided preference for docu-
mentary evidence and written records over oral testimony
and verbal procedure, exhibits manifest signs of recent
composition.
An analogous inferencemay be drawn from the fact that
Narada acquainted ^^rada was apparently acquainted with a
with the Code work either identical with, or closely allied
to, the now extant Code of Manu. His
analysis of the contents of the original Code composed by
Manu in 100,000 jrlokas corresponds in the main to the topics
^ Foi'chhammerj The Jardine Prize Essay, pp. 54-5S.
XIV NARADA.

treated in that work as it now stands. He quotes the open-


ing verse of the original gigantic work of Manu, and it is a
remarkable coincidence that this verse agrees with Manu I,

5, 6, i.e. with the actual exordium of the Code of Manu, as


vv. 1-4 serve as an introduction only, and may be a subse-
quent addition. Forensic law is alleged to have formed the
subject of the ninth chapter of the original composition of
Manu. In the Code of Manu, law and judicature are dis-

cussed in the eighth and ninth chapters. The twenty-four


chapters, divided into one thousand and eighty, i. e. 45 x 24
sections, of the seem to represent double
original Code,
the twelve chapters of the Code of Manu. On the other
hand, Sumati, the son of Bhr/gu, who is alleged to have
reduced the original Code of Manu to its present size, and
to have produced the law-book now current among man-
kind, may be identified with Bhrz'gu, the supposed author
of the actual Manu-smrz'ti and the number of 4,000 i-lokas,
;

which is assigned to his composition, may be taken to be a


rough statement of the actual extent of the Manu-smr/ti,
which in reality runs up to 3,685 .ylokas only.
A consideration of these facts leaves but little doubt that
the compiler of the Narada-smr/ti, whoever he was, must
have been acquainted with a work closely akin to the now
extant Manu-smr/ti. This is so much the more probable
because several of his references to the authoritative
enunciations of Manu may be actually traced to the Manu-
smr/ti ^, and because a number of verses either occurring in

the MSS. him by


of the Narada-smr/ti, or attributed to
the digest-writers, recur in the Manu. Code of
However, though acquainted with the Code of Manu, the
_.
Discrepancies
between Manu
an .
so-called Narada was far from offering a
.

ara a.
j^ j^j^ ^^^,^^
_

mere slavish reproduction of its doctrines


work. On
... the Contrary, the
Narada-smr/ti must be considered as an independent, and
therefore specially valuable, exposition of the whole system
of civil and criminal law, as taught in the law schools of the
period. It is in fact the only Sm?'/ti. completely preserved
^ See e. g. Appendix 26 (p. 227) and Manu VIII, 320 ; Appendix 34 (p. 228)
and Manu VIII, 334; Appendix 36, 37 (p. 228) and Manu VIII, 124,. 125.
INTRODUCTION. XV

in MSS., in which law, properly so-called, is treated by


itself, without any reference to rules of penance, and diet,
other religious subjects and it throws a new and an
;

important light on the political and social institutions of


ancient India at the time of its composition. Several of
the doctrines propounded by Narada are decidedly opposed
to, and cannot be viewed in the light of developments from,
the teaching of Manu. Thus
Narada advocates the e.g.
practice of Niyoga, or appointment of a widow to raise
offspring to her deceased husband he declares gambling ;

to be a lawful amusement, when carried on in public


gaming-houses ; he allows the remarriage of widows ; he
virtually abrogates the right of primogeniture by declaring
that even the youngest son may undertake the management
of the family property, if specially qualified for the task ;

he ordains that, in a partition of the family property, the


father may reserve two shares for himself, and that, in the
case of a partition after his death, the mother shall divide
equally wath the sons, and an unmarried sister take the
same share as a younger son ; he lays down a different
gradation of fines from those laid down by Manu, &c.^
It may be argued that Narada \vould not have ventured
Their probable to differ from the Code of Manu on such
origin.
essential points as these, unless he had found
good authority for doing so in other early works or dicta
attributed to the primeval legislator of India, and that this
fact furnishes another reason for attaching some credit to
what Narada relates of the original Code in 100,000 verses,
and of its successive abridgment. Thus much is certain,
that a great many floating proverbs and authoritative
enunciations of Manu and of Vr/ddha or B/vlian-Manu
must have existed by the side of the Code of Manu in the
times of Narada as well as before and after his period, when
they were quoted in the Mahabharata^ and in the Com-

^ See the foot-notes, passim.


2See Narada XII, 80-88, and Manu IX, 65-68 Narada XVII, 1-8, and ;

Manu IX, 221-228; Narada XII, 97, and Manu V, 162; Narada XIII, 5,
and Manu IX, 105-109; Narada XIII, 13, 14, and Manu IX, 104, 131;
Narada, Appendix 30, 31, and Manu VIII, 138.
XVI NARADA.

mentaries and Dharmanibandhas from Medhatithi's Manu-


bhashya down to Cagannatha's Digest, translated by Cole-
brooke. The compiler of the N^rada-smr/ti may have
incorporated a number of these dicta in his own com-
position. At the same time, it is far from improbable that
a work on law, called the Code of Manu in the version of
Narada, may have existed by the side of the celebrated
Code of Manu in the version of Bhr/gu, and that the
unknown compiler of the Narada-smn'ti may have utilised
that work for his own composition, and enhanced the value
and authority of the latter by referring to, and arranging in
his own way, the reports current with regard to Manu and
Narada. The precise nature of the origin of such a work
as the Narada- smrz'ti must needs remain a matter for
speculation but it certainly was an established practice
;

with Sanskrit writers to graft their own compositions on


earlier works attributed to fabulous personages of the
heroic age of India, and indeed to fabricate an authority of
this kind for the productions of their own pen.
The probable date of the Code of Manu may be turned
Date of the ^o account for determining the date of the
Naiada-sm;7ti. Narada-smr/ti just as the presumable date
;

of the latter work has been used in its turn for fixing the
chronological position of Manu. The composition of the
two works is separated, apparently, by a considerable
interval of time. If, therefore, the date of Manu has been
rightly between the second centuries B.C. and
placed
A.D. by Professor Buhler ^, it would seem to follow that
the Narada-smr/ti can hardly belong to an earlier period
than the fourth or fifth century A. D. The same con-
clusion may be arrived at by other, and independent
considerations.
Thus the Narada-smr/ti agrees on many important
Compared with points, especially in the law of evidence,
other Sm;-/tis, -^yith the Dharmaj-astras or Smrztis of
Ya^wavalkya, Vishwu, Brz'haspati, Katyayana, and Vyasa.
It may be a little older than the three last-named works,

^ Loc, cit. p. xcvii.


INTRODUCTION. xvii

which belong to the latest productions of the Smr/ti epoch


ofHindu Law, but its legal rules and judicial theories have
a decidedly more advanced character than either Vish;m's
or Ya^;7avalkya's. The Smrzti of Vish;m cannot belong to
an earlier period than the third century A. D, \ and the
Ya^wavalkya Smr/ti is not likely to be anterior to it in date 2,

Again, the judicial trial which is described in the well-


and with the drama known drama Mrikk/iakafikd. corresponds
UnVcMakankL j^ all essential features to the rules laid
down in Narada's chapter on '
The Plaint ^.'
If, then,
the Naradiya Dharmaj-astra and the Mr/H'/^aka/iki are
contemporaneous productions, we have a further reason for
assigning the composition of the former work to the fifth
or sixth century A. D. It may also be noted that Narada
(XII, 74) regards sexual intercourse with a female ascetic,
pravra^ita, as a kind of incest. In the earlier Indian
dramas likewise, such as Kalidasa's Malavikagnimitra and
5udraka's Mrzkk/ia.ka.tika., the position of nuns and monks
is highly dignified.
Last, not least, the European term Dinara, i. e. denarius
„ or brjvdpLov, which is so important for
he term T,.
T,, ^
1 Dmara. < < : i

the purposes of Indian chronology, occurs


repeatedly in the Narada-smrzti. In the first passage
(Introd. II, 34, p. 32), Dinaras are mentioned among other
objects made of gold, and it would seem that a gold coin
used as an ornament is meant, such as e. g. the necklaces
made of gold mohurs, which are being worn in India at the
present day. 'A string of Dinaras' (dinara- malay a) used
as a necklace occurs in a well-known Jain work, the
Kalpa-sutra of Bhadrabahu*. It is, however, possible that
the Dinaras or other golden things' may be gold coins
'

simply, and that Narada means to refer to forged or other-


wise counterfeit coins. The second passage (Appendix v. 60,
p. 232) is specially valuable, because it contains an exact

^ Sacred Books of the East, vol. vii, p. xxxii.

^ Tagore Law Lectures, p. 49.


See, particularly, p. 27, note on 18.
^

See Dr. Jacobi's edition, par. 36 (p. 44), and the same scholar's translation
*

of the Kalpa-sutra, Sacred Books of the East, vol. xxii, p. 232.

[33] b
XVlll NARADA.

statement of the value of a Dinara which, it says, is called


a Suvan/a also. The reception of Dinaras among the
ordinary coins of that period shows that their circulation in
India must have commenced some time before the Ndrada-
smr/ti was written. The first importation of gold Dinaras
into India cannot be referred to an earlier period than the
time of the emperors, and the gold Dinaras most
Roman
numerously found in India belong to the third century A. D.^
The earliest reference to a work called Naradiya
References to Dharmai-astra seems to be contained in a
Narada. work of the sixth century, Ba;/a's Kadam-
bari^. Whether the compiler of the Pa;7/^atantra was ac-
quainted with the Narada-smr/ti appears to be doubtful.
The Pa;7/('atantra in Kosegarten's edition contains a legal
text which is attributed to Narada, though it is not to be
found in the Narada-sm;-/ti. The standard Bombay edition
of the Pa/z/^-atantra has that very text, but the name of
Narada is omitted ^. Medhatithi's Manubhashya, which
seems to belong to the ninth century, contains several
references to the Narada-smr/ti, and Asahaya, who appears
to have preceded Medhatithi. is the reputed author of the
ancient Commentary on it, which has largely been used for
the present work "*.

These considerations tend to show that the composition


„ of the Narada-smrz'ti cannot be referred to
Result.
,

a more recent period than the


.11 fifth century
A.D., or the sixth century at the very latest. Nor can it

belong to a much earlier age than that. This estimate of


itsage agrees with the results arrived at, thirteen years ago,
from the very scanty data then available.

* Biihler, S. B. E., vol. xxv,


p. cvii West and Biihler, p. 48 Max Miiller,
; ;

History of Ancient Sanskrit Literature, p. 245 Jolly, Tagore Law Lectures,


;

p. 36 Hornle, Proceedings of the Seventh Congress of Orientalists, p. 134.


;

^ P. 91 in Peterson's edition. See Biihler, Sacred Books of the East, vol. xxv,
p. cvii, note 1.
^ See Kosegarten's Pa;1/^atantra III, 94; Bombay ed.. Ill, 2. It is true that
the two texts immediately preceding the text in question in the Pa;7/4atantra
may be compared with Narada XI, 2 and I, 5, 79.
* The fact that Asahaya refers to a coin called dramma, i. e. the Greek
S/joxA"?, may be used for fixing the earlier limit of his date.
INTRODUCTION. XIX

The present translation, unlike the Institutes of Narada


previously published by myself (London, Triibner & Co.,
The present ^^7^)^ is based in the main on what may be
translation.
termed the large version of Narada, and
accords throughout with the editio princeps of the
Narada-smr/ti in the Bibliotheca Indica. The reasons
which have induced me to consider the large version as the
original and authentic composition of Narada, and to make
it thebasisof my edition of the Sanskrit text in the Biblio-
theca Indica, have been volume of Tagore
stated in my
Law Lectures, pp. 54-56. In those parts of the work also
where both versions agree, or where the only extant MS. of
the large version is deficient and has to be supplied from the
MSS. of the minor version, the present translation will be
found to differ not inconsiderably from my previous render-
ing of the '
Institutes of Narada.' The discovery of five
valuable MSS. of the minor version, besides the three used
in preparing the '
Institutes of Narada,' the recovery of
Asahaya's ancient and valuable Commentary on the Narada-
smr/ti, and the dies diem docet have united to produce a
considerable number of new results. Among the new MSS.
discovered, the fifteenth-century Nepalese Palm-leaf MS. of
Mr. Bendall is the most important, and has furnished an
entire new is proved by
chapter, the authenticity of which
numerous references in the mediaeval and modern Digests
of Law. The chapter in question has been termed an
Appendix in the present work (pp. 223-232). It is found,
likewise, in a Nepalese paper MS. of the minor version,
discovered very recently by Mr. Bendall among the
Nepalese MSS. of the British Museum, where it had been
labelled wrongly as /x'aurapratishedha.
The Commentary of Asahaya, as far as it goes, has
Asahaya and furnished the substance of the foot-notes
Kalya«abha//a. ^q the present translation, in which it

has been quoted constantly as A.' Asahaya was a '

standard writer in the province of Hindu Law, and his


Naradabhashya is a very valuable production indeed. He
shares with other early commentators of law-books the
peculiarity of indulging every now and then in illustrations
b 2
XX NARADA.

taken from the every-day life of his period, which help to

throw some Hght on the practical working of Indian Law


in those times. As an instance of this tendency I would
cite his remarks on a rule concerning liability for debts

(pp. 43, 44). Of course it would be dangerous to trust his


philological skill everywhere, and some of his interpreta-
tions are decidedly artificial. What is worse, the Com-
mentary of Asahaya has not been preserved in its original
shape, but in a recast due to one Kalya;/abha//a, whose
name is entirely unknown to fame. It is just possible that

Kalya;/abha//a, instead of confining his activity to sup-


plying deficiencies and correcting mistakes in the copies
of Asahaya's Commentary, may have inserted some new
verses in the text of the Narada-smr/ti as well. Such
might be conjectured, for example, to be the origin of the
four verses, Introd. I, 21-24 (pp. 9-13), which are quoted
in none of the authoritative Digests, and objectionable as to
grammar and metre. It should be remembered, however,

that Kalya;^abha//a declares the original work of Asahaya


to have been spoiled by negligent scribes, and so the
grammatical blunders may be charged to their account.
The latter half of Asahaya's Commentary being lost, I
had to avail myself for the corresponding portion of the
Other auxiliary Narada-smr/ti, of the glosses of other me-
writings.
diaeval writers, by whom the texts of Na-
rada have been quoted and discussed a great deal. Their
opinions have been adverted to very fully, in the chapter
on inheritance especially, both on account of the practical
importance of inheritance for the law-courts of modern
India, and because each of the various schools of Sanskrit
lawyers has been anxious to interpret the sayings of Na-
rada to its own advantage. For the curious and some-
what obscure disquisition on fourteen kinds of impotency
(XII, 11-18, pp. 167-169), I have been able to use the
advice of my late lamented friend Dr. Haas, the well-known
student of Indian medical science. A somewhat analogous
passage in the canonical literature of the Buddhists has
been kindly pointed out to me by Mr. Rhys Davids^.
1 Alillavagga X, 17, i. See Sacred Books of the East, vol. xx, p. 349.
INTRODUCTION. XXI

The sign of an asterisk (*) has been prefixed to those


Narada's repute texts of Narada which were found to be
as a legal writer, quoted in one or several of the Sanskrit
Commentaries or Digests of Law. The same method has
been observed previously in the Bibliotheca Indica
edition of the Sanskrit text, but a considerable number of
quotations has come to light since then. The repute of
Narada as a legal writer appears to have been so great
that upwards of half his work has been embodied in the
authoritative compositions of the mediaeval and modern
writers iri the province of Sanskrit law.
Under the heading of Quotations from Narada, all those
texts have been collected at the close of the present transla-
'
Quotations from ^ion which are attributed to Narada in one or
Narada.' several of the Digests and Commentaries,
without being traceable in the MSS. of the Narada-smr/ti.
Between these quotations have been inserted, for the sake
of completeness and in order to fill up the gaps between
the single texts contained in the quotations, a number of
unpublished texts from the MSS. of the minor version, and
from the final chapter on Ordeals in the ancient Nepalesc
MS. of the Narada-smrzti ^ A
complete edition of that
chapter will, I trust, be published by Dr. A. Conrady. The
quotations have been taken from all the principal Sanskrit
works on law, from Medhatithi's Manubh^shya downwards.
For a detailed statement of the particular work and chapter
from which each text has been quoted, I may refer to the
foot-notes. Most texts being quoted in more than one work
at a time, it has not been thought necessary to give com-
plete references to every such work in each particular case,
but I have made a point of referring as much as possible to

those law-books which exist in English, both for convenience


of reference and in order to facilitate a comparison of the
present translation with previous renderings of the texts of
Narada. All the unpublished texts have been given in the
foot-notes in the original Sanskrit, together with the names
of the works from which they have been taken. The MSS.

Regarding that chapter, see Preface to Narada-smr/ti, pp. 6, 7.


Xxii NARADA.

of these works were obtained principally from the India


Officeand Deccan College libraries ; for some of them I

was able to use copies of my own. A peculiar source of


difficulties lies in the fact that these works differ con-
siderably as to the names of the authors of the single
texts. Many texts were no doubt proverbial sayings,
and appropriated therefore by several writers. In other
cases, the mutually conflicting statements of various writers
regarding the authorship of the texts may be attributed to
carelessness. Grammatical blunders and faulty readings,
as well as the varietas lectionis, have been referred to
in important cases only. I subjoin a list of the abbrevia-
tions used in the foot-notes to the present translation.
ABBREVIATIONS.
Apararka=Apararka's Commentary on the Ya^;7avalkya-sm;7ii,
Deccan Colleo-e MS.
Apastamba, see Manu.
Baudhayana, see Manu.
Col. Dig.=:Colebrooke's Digest of Hindu Law (translation of
Gagannatha's work).
Dayabhaga = Colebrooke's translation of the Dayabhaga on Inheri-
tance, or the Sanskrit text of the D., in the Calcutta edition of
1829.
Dayakramasangraha=Wynch's translation in Stokes's Hindu Law-
Books, or the Calcutta edition.
G^agannatha=G^agannatha's Vivadabhangarwava (the work trans-
lated by Colebrooke), Bengali MS. in my possession.
Gautama, see Manu.
M. or Mitakshara=]Mitakshara, the Calcutta edition of the Vya-
vaharadhyaya, or Colebrooke's version of the Mitakshara on
Inheritance.
M. ]\Iacn. = ]\Iacnaghten's translation of the IMitakshara on Ad-
ministration of Justice.
Manu = the Code of IManu, ed. Jolly, London, 1887; or Professor
Biihler's translation of thesame. For the principal editions and
translations of Apastamba, Baudhayana, and the other old law-
books, I may refer to my volume of Tagore Law Lectures.
May. = ]\Iandlik's translation of the Vyavahara IMayijkha, in his
Hindu Law, Bombay, 1880.
May. (text) = Mandlik's edition of the same, ibid.
Mayukha=the same work.
Minor Narada = The Institutes of Narada,transl. by
J. Jolly, London,
1876; or the unpublished Sanskrit original of the same work.
Narada=the present translation.
Narada-sm;7ti = The Institutes of Narada, edited by J. Jolly, in
the Bibliotheca Indica series.
Nepalese Narada =I\Ir.Bendall's Nepalese Palm-leaf MS. of Narada.
Raghunandana=:Raghunandana's Vyavaharatattva, the Calcutta
edition.
Ratn.=Vivada Ratnakara, in the Bibliotheca Indica.
Xxiv ABBREVIATIONS.

Sm77U>^.=Deva«;mbha//a's Smmi-^andrika, India Office MS.


Sm;7ti>^andrika=the same, or the chapter on Inheritance, transl.
by Iyer.
Tod. or 7b(/arananda=Vyavaharasaukhya in Tbfl'ar IMall's Tb^ara-
nanda, Deccan College MS.
(Uncertain) = texts quoted as 'Smnti' generally, without the name
of the author being given.
Vasish///a, see INIanu.
Viram.=Viramitrodaya, in Jibananda Vidyasagara's edition.
Vish^m, see INIanu.
Viv.=Vivada/&intama«i, translated by Tagore, Calcutta, 1863.
Vivada/(-intama;n=the Sanskrit text, Calcutta edition of 1837.
V. T.=Vivadata«f/ava by Kamalakara, India Office IMS.
Vy. A'.=Vyavahara/'intama;/i by VaX-aspatimi^-ra, Devanagari MS.
in my possession.
Ya^«avalkya, see Manu.
;;

NARADA

THE AUTHOR'S PREFACE.


I. Holy Manu, in order to promote the welfare
of all beings, composed a book here, which was to
become the foundation of the established rule of con-
duct. It was made up of twenty-four sections, on
(i) the creation of the world ; (2) the various kinds
of living beings ; (3) the extent of the virtuous

I. Regarding the and bearing of this Preface, see


historical value
Introduction. The which is here given for the
table of contents,
original Code of Manu, corresponds in the main to the contents of the
now extant version of that work. Thus the creation of the world is

treated of, Manu


1,5-57; the various kinds of living beings,!, 34-50;
the virtuous countries, 11,17-23; the constitution of a judicial assem-
bly, XII, 108-114 the performance of offerings, III, 69-286
; IV, ;

21-28, &c. ; established usage (AHra), passim, all the multifarious


rules of private moralsand social economy falling under this head
forensic law, chaptersVIII and IX the extirpation of offenders,
;

IX, 252-293 the mode of life of a king, chapter VII; the system
;

of the four castes and four orders, I, 87-101; IX, 325-336, &c.
marriage laws. III, 1-62 the mutual relations between husband
;

and wife, IX, 1-103; the order of succession, IX, 103-220; the
performance of obsequies, III, 122-286; rules of purification, V,
57-146; rules of diet, V, 1-56; saleable commodities, and those
which may not be sold, X, 85-94 the classification of offences,
;

XI> 55~7i; the twenty-one hells, IV, 88-90; penances, XI, 72-
266. The Upanishads are frequently referred to, e.g. II, 165 ; VI,
29. Secret or mysterious doctrines are e.g. those taught in the
twelfth chapter of the Code of Manu. A somewhat analogous
table of contents of the Code of Manu is given in that work itself,

I, iii-i 18.

[33] "?
Z B
;'
;

NARADA.

country; (4) the constitution of a judicial assembly;


(5) the performance of offerings according to the
Vedas and Vedaiigas ; (6) established usage ;
(7)
forensic law ; (8) the extirpation of offenders ;
(9)
the mode of life of a king; (10, 11) the system of
the (four) castes and (four) orders; (12) marriage
laws; (13) the mutual relations between husband
and wife; (14) the order of succession; (15) the
performance of obsequies; (16) the elucidation of
regarding purification; (17) the rule
difficult points

as to what may be eaten and what not (18, 19) the ;

law reeardine vendible commodities, and those which


must not be sold (20) the various kinds of crime ;

(21) heaven and hell; (22) penances; (23) the


Upanlshads (24) secret doctrines.;

2, Holy Manu, after having thus (composed) that

(book) in a hundred thousand ^lokas, and in one


thousand and eighty chapters, delivered it to the
divine sage Narada. He having learnt it from him,
reflecting that a work of this kind could not be
remembered easily by mortals on account of its size,

abridged twelve thousand (i^lokas) and delivered


it in
it to the great sage Marka/^^eya.
3. He having learnt it from him, and reflecting on

2. The Manu who is referred to in this place is no doubt Manu

Svayawibhuva, or Manu sprung from the self-existent Being,' to


'

whom the Code of Manu is said to have been revealed by Brahman


see Manu I, 58. Narada is one of the seven principal /?zshis.

He is also reckoned among the Pra^apatis, '


lords of creatures
or '
creators,' and is viewed as the chief of heavenly musicians.
I\Iarka«</eya is elsewhere called '
the long-lived,' and is celebrated
for his austerities. He is the reputed author of a well-known
Purawa, called after him the Markawo'eva Purawa.
3. Bhri'gu, one of the great 7?/shis of antiquity, is in the Code of
Manu introduced as a son of Manu, and as the compiler of the
THE AUTHORS PREFACE. 3

the (limited duration and) capacity of human life,

reduced it to eight thousand (j-lokas), and delivered


this (abridgment) to Sumati, the son of Bhr/gu.
4. Sumati, the son of Bhrt'gu, after having learnt
(this book) from him and considered what human
capacity had been brought down to through the
(successive) lessening of life (in the four ages of
the world), reduced It to four thousand (^lokas).

5. It is this (abridgment) which Manes and mortals


read, whilst the gods, Gandharvas, and other (ex-
alted beings) read in extenso the (original) code,
consisting of one hundred thousand (^lokas). There
the first ^loka runs as follows :
'
This universe was
wrapped up in darkness, and nothing could be dis-

cerned. Then the holy, self-existent Spirit issued


forth with his four faces.'
6. After this exordium, chapter follows chapter

present version of the Code of Manu ; see Manu I, 35, 59, 60.
The fact of his being mentioned here as the father of Sumati, the
compiler of the final recension of the Code of IManu, renders it
probable that this work may have closely resembled the now extant
Code of Manu. However, the latter work has not more than 2684
.ylokas, instead of the 4000 attributed to the version of Sumati.
4. As for the successive lessening of life, and general deteriora-

tion of the world, in the four ages, Kr/ia, Treta, Dvapara, and
Kali, see Manu I, 81-86.
5. A. observes expressly that the term ' there ' refers to the

original Code in 100,000 jlokas. The ^loka here quoted is

nearly identical with IManu I, 5 a, 6 a.

6. The Matrz'ka or 'Introduction' (compare divyamatrzlia, a

'general introduction to the law regarding ordeals,' in the INIita-


kshara, p. 139) which is here attributed to Narada, appears to
have formed part of the abridgment in 12,000 ^lokas, which was
originally composed by him. It was composed in the Sfitra style, i.e.
it was made up of aphorisms. The jlokas are frequently designed
as Sutras by the commentators of law-books. Supposing this

work to have consisted of twelve chapters, like the present Code

B 2
NARADA.

continuously. There the ninth chapter is headed,


'Judicial Procedure.' There Narada, the divine
sage, composed an Introduction in the Sutra style,
as follows. It begins with the following i-loka.

of Manu, each chapter would have contained about looo jlokas.

The Narada-smr/ti actually has about lOOo jlokas. In the Code


of Manu, forensic law is and ninth chapters.
treated in the eighth

The compiler of the present work declares his composition to be


the ninth chapter of Narada's abridged version of the Code of
Manu. In the above enumeration of twenty-four subjects treated
in the original Code of Manu, judicial procedure is introduced as
the seventh and eighth subject. This coincidence indeed might
be accidental.
INTRODUCTION.

I. Legal Procedure.
* 1. When mortals were bent on doing their duty
alone and habitually veracious, there existed neither
lawsuits, nor hatred, nor selfishness.
* 2. The practice of duty having died out among

mankind, lawsuits have been introduced and the ;

king has been appointed to decide lawsuits, because


he has authority to punish.
3. Documents and (the testimony of) witnesses are
declared to be the two methods for clearing up
doubtful matters, where two parties are quarrelling
wdth one another.
Proceedings at law are of two kinds; attended
'"'
4,

by a wager, or not attended by a wager. lawsuit A


I, I. Where the sun shines, there is no shade. Where there is
shade, there the sun does not shine. Similarly, where virtue reigns,
there are neither lawsuits, nor hatred, nor selfishness. On the
other hand, where these three are, there virtue is not to be found.
A. The object of this introductory portion is to show how far
judicial procedure is connected with Dharma '
Virtue,' or '
Duty,'
the principal subject of an Indian law-book. The Viramitrodaya
and other compilations attribute a further hemistich to Narada, in
which the happy age here alluded to is referred to the period 'when
Manu, the father of mankind, was reigning on earth.'
3. Yao-navalkya II, 22 Vasish//m XVI, 10; Vishwu VI, 23.
;

4. A lawsuit attended by a wager' is where one of the parties


'

promises in writing to pay a certain sum to the king, over and


above the amount in dispute. 'A lawsuit not attended by a wager'
is one devoid of a stipulation of this sort. Viramitrodaya. This
is apparently the correct explanation. Asahaya observes that the
amount staked may be much smaller than the amount in dispute.
NARADA.

attended by a wager is where (either of the two


parties) stakes in writing a certain sum which has
to be paid besides the sum in dispute (in case of
defeat).
5. In a lawsuit attended by a wager, he of the
two who is must pay his stake and a
cast fine when
his defeat has been decided.
* 6. The plaint is declared to be the essential part
of a proceeding-at-law. If he succumbs with it, the
defendant loses the whole suit. If he can prove the
charge, he gains the suit.
'"'
7. Gatherings (kula), corporations (i"re;/i), assem-
blies (ga;^a), one appointed (by the king), and the
king (himself), are invested with the power to decide

Thus, although the sum in dispute be very considerable, one may


stake two hundred Pa«as, or a hundred Pawas, or fifty Pa«as only.
5. According to Asahaya, the wager must not be laid till the
two first stages of the and the answer, are over.
trial, the charge
The wager may be laid either by the plaintiff or by the defendant.
The plaintiff, whose declaration has been refuted by the defendant,
stakes a certain sum on the issue of the case. Or the defendant,
after having denied the correctness of the charge, stakes a certain
.sum on the correctness of his own statements, to be proved by the
issue of the case. Asahaya does not say to whom the sum staked
has to be paid in his opinion. It may be observed that, according
to Burmese law, which is an offshoot of the early law of India, ten
sum staked should be given to the judge and to the
per cent, of the
pleaders,and the remainder to the victorious party see Richard- ;

son's Dhammathat, p. 73. Yag'/lavalkya II, 18 (see Mitakshara).


6. Ya^-fiavalkya II, 8.

7. Kula means an assemblage consisting of a few persons.


Sveni denotes an assemblage of eminent merchants, &c. Ga«a
denotes a fellowship, such as e.g. the Brahman caste. A. Other
commentators take kula to mean a family meeting; srem, a
company of artizans ;
ga7/a, an assembly of cohabitants. These
three stages of private arbitration may be compared to the modern
Panchavats of India.
;

JUDICIAL PROCEDURE.

lawsuits and of these, each succeedhig one


;
is superior
to the one preceding him in order.
^''8.
Judicial procedure has four feet, four bases,
four means, it benefits four, reaches four, and pro-
duces four results.This has been declared.
* 9. It has eight members, eighteen topics, a

hundred branches, three efficient causes, two modes


of plaint, two openings, and two issues.
' 10. Virtue, a judicial proceeding, documentary
evidence, and an edict from the king are the four
feet of a lawsuit. Each following one is superior
to the one previously named.
*ii. There virtue is based on truth ; a judicial pro-
ceeding (rests) on the statements of the witnesses
documentary evidence (rests) on declarations reduced

II. Where both parties adhere strictly to truth in their statements,

there is virtue or justice clearly enough, judicial procedure, written


proof, and a royal edict being quite unnecessary in that case.
Where either of the two parties is suspected to have made a false

statement, judicial procedure has to be resorted to, which depends


on the given by witnesses.
evidence Documentary evidence
(/^aritra) iswhere the statements of witnesses are consulted, written
in their own hand, on a leaf, or on birch-bark, or on a strip
of

rind, or some other writing material. That suit, however, which


has been decided by an edict from the king himself, is superior to
all the rest, according to the saying, What has been decided in a
'

village, goes into the town. What has been decided in the town,
goes before the king. What has been decided by the king, though
wrongly decided, cannot be tried anew.'A. The term A-aritra has
been rendered in conformity with this interpretation, which is
confirmed by the remarks of /sTande^vara on this jloka. Other

commentators and several MSS. of the Narada-smrz'ti read svi-

karane or prajnakarawe for pustakara^/e. These commentators


explain the term conformity with a text of Br^haspati,
/^aritra in
'
Whatever is practised by a man, proper or improper, in accordance
with local usage, is termed /^aritra (custom).'
8 NARADA.

to writing ; an edict (depends) on the pleasure of


the king.
*i2. Because the four means, of concihation and
the rest, are adopted, it is said to have four means.
Because it protects the four orders, therefore it is

said to benefit four.


*i3. Because it affects criminals, witnesses, the
assessors of the court, and the king, to the amount
of one quarter each, therefore it is said to reach
four.
* 14.
Because it produces these four, justice, gain,
renown, and esteem among men, therefore it is de-
clared to produce four results.
* 15. Because it consists of these eight, the king,

2. Because a lawsuit is decided by resorting, as tlie case may be,


1

to any one of the four means of success, viz. conciliation, division,


bribery, and force, therefore it is said to have four means. Because
it protects or guards the four castes and the four orders, therefore it

is said to benefit four. A. The four orders are the four stages in
the life of a twice-born man : student, householder, hermit, and
ascetic.

13. If unjustly decided, it brings evil on the four persons men-


tioned in this jloka. If justly decided, it confers good on
them. A.
15. The several functions of the eight (or ten) 'members' of a
judicial proceeding are thus described in a jloka attributed to
Brihaspati. The chief judge publishes the sentence. The king
'

passes it. The assessors investigate the facts of the case. The
law-book dictates the judgment, i.e. the victory of the one party,
and the fine imposed on the other parly. Gold and silver serve the
purpose of administering ordeals. Water is used for relieving
t'lirst or appeasing hunger. The accountant has to compute the
sums. The scribe has to record the proceedings. The attendant
must compel the defendant and the witnesses to appear in court,
and detain both plaintiff and defendant, if they have given no
sureties.' According to Asahaya, the term the king's righteous '

officer has to be referred to the king's chief judge, and by law-


' '
— ;

TITLES OF LAW.

his dutiful officer, the assessors of the court, the law-


book, the accountant and scribe, gold, fire, and

water ; therefore it is said to have eight members,


*i6. Recovery of a debt, deposits, partnership,
resumption of gift, breach of a contract of service,
* 1 7. Non-payment of wages, sales effected by
another than the rightful owner, non-delivery of a
sold chattel, rescission of purchase,
* 1 8. Transgression of a compact, boundary dis-

putes, the mutual duties of husband and wife, law of


inheritance, heinous offences,
*i9. Abuse, assault, games, and miscellaneous,
these are (the eighteen titles of law) on account of
which (judicial procedure) is said to have eighteen
topics.
*"
20. Their branches amount to one hundred and

books ' are meant the compositions of Manu, Narada, Vi^varupa,


and others.
16-19. Manu VIII, 4-8.
20-25. The 132 divisions of the eighteen titles of law are stated
as follows by Asahaya :

I. Recovery of a debt.

I. Which debts have to be paid, and which not, &c.; 2. debts (in
general); 3. property; 4. means of livelihood of aBrahman in
times of distress ; 5. modes of proof; 6. lending money at interest
7. usurers; 8. sureties; 9. pledges; 10. documents; 11. incom-
petent witnesses ; 12. witnesses for the plaintiff ; 13. witnesses for

the defendant ; 14. six cases where witnesses are unnecessary; 15.
validity of testimony, how long retained; 16. false witnesses ; 17.

exhorting the witnesses ; 18. valid evidence ; 19. invalid evidence;

20. what has to be done, where both witnesses and documents are
wanting ; 21. ordeal by balance 22. ordeal by fire 23. ordeal by
; ;

water ; 24. ordeal by poison ; 25. ordeal by sacred libation.

2. Deposits.
I. Nyasa (common deposits) ; 2. aupanidhika (sealed deposits);
lO NARADA.

thirty-two. On account of the multifariousness of


human concerns, (a judicial proceeding) is said to
have a hundred branches.
21. Recovery of a debt' has twenty-five divisions
'
;

'
deposits '
has six ;
'
partnership ' has three ;
'
re-

sumption of gift ' has four ;

3. ya-('itaka (loans for use); 4. anvahitaX'a (deposits for delivery);

5. jilpihastagata (bailments with an artizan) ; 6. pogaw^adhana


(property of a minor).

3. Partnership.
I. The common undertakings of partners in business; 2, sacrifices

offered by officiating priests; 3. tolls.

4. Resumption of gift.

I. What may be given; 2. what may not be given; 3. valid

gifts; 4. invalid gifts.

5. Breach of a contract of service.


I. Service; 2. impure work; 3. conduct of a student; 4. rules

of conduct for an apprentice; 5. rules of conduct for a manager;


6. fifteen sorts of slaves; 7. emancipation from slavery; 8. legal

position of a slave; 9. release of a slave by the favour of his

master.
6. Non-payment of wages.
I. The wages of ser\-ants 2. cowherds and the rest; 3. fee of
;

a public woman; 4. questions arising in regard to the payment


of rent.

7. Sales effected by another than the rightful owner.


I. Sale without ownership ; 2. treasure-trove.

8. Non-delivery of a sold chattel.

9. Rescission of purchase.
I. Time ; 2. worn clothes ; 3. Loss on metals (caused by working
them) ;
4. preparing cloth.

10. Transgression of a compact.


II. Boundary disputes.

I. Quarrels regarding a field; 2. quarrels regarding a house;


3. quarrels regarding a garden ; 4. quarrels regarding a well ; 5.
; ' ;;

TITLES OF LAW. II

Breach of service consists of nine divisions


22. *
'
;

'wages' has four divisions; there are two divisions


of sales effected by another than the rightful owner;'
'

*
non-delivery of a sold chattel ' has a single division
only
23. '
Rescission of purchase '
has four divisions
'
transgression of compact ' is onefold ;
'
boundary
disputes' is twelvefold; there are twenty divisions in
'
mutual duties of husband and wife ;

quarrels regarding a sanctuary; 6. quarrels regarding (the boundary


of) a village; 7. prohibition to decorate (to cause nuisance in?) a
cross-road, &c.; 8. making a dike; 9. wasteland; 10. protection
of grain; 11. compensation for grain (destroyed by cattle); 12.
the foundation (of a householder's existence).

12. Mutual duties of husband and wife.


I. Examination of a man's virile potency; 2. gift of a maiden
in marriage ; 3. the offence of insulting an officiating priest ; 4.

the right time for giving a maiden in marriage ; 5. the offence


of casting a blemish on an unblemished maiden, or suitor; 6.

marriage forms; 7. rule regarding incontinent females and other


(unchaste women) ; 8. what constitutes legitimate issue ; 9. illicit

intercourse; 10. punishment of adultery; 11. incest; 12. intercourse


with and other crimes of this sort
cattle, 13. raising issue where ;

there no husband; 14. the offspring of adulterous intercourse;


is

15, 16. authorised and unauthorised intercourse of a woman with


one not her husband; 17, 18. rule regarding bad wives and hus-
bands 1 9. conduct prescribed for a woman whose husband is ab-
;

sent ; 20. definition of a rendezvous.

13. Law of inheritance.


I. Definition of heritage ; 2. its distribution ; 3. indivisible pro-

perty ; 4. what constitutes stridhana ;


5. descent of stridhana after
the death of the proprietress; 6. rules regarding the property of
brothers ; 7. division of the property between parents and sons
8. case of a daughter whose father is unknown, &c. ; 9. case of a
father unauthorised (to raise issue); 10. share of a son suffering
from a chronic or agonising disease, or otherwise (incapable of
inheriting); 11. division among the sons of a reunited coparcener;
'

12 NARADA.

24. '
Law of inheritance '
consists of nineteen divi-
sions ;
*
heinous offences abuse '
of twelve ; of both '

and assault there are three divisions


'
'
;

25. 'Gambling with dice and betting on animals'


has a single division ;
'
miscellaneous ' has six divi-
sions. Thus, adding up all these branches (of the
principal titles of law), there are one hundred and
thirty-two of them.

12. management of the property of a deceased or absent brother;


13. work done by one to whom the management of the family
property has been entrusted, &c. ; 14. decision in the case of a
contested partition; 15. enumeration of the divers kinds of sons.
[There ought to be nineteen subdivisions of the law of inheritance,
instead of fifteen. That number might be obtained by counting
each reason of exclusion from inheritance as a separate division.]

14. Heinous offences.


I. What constitutes a heinous offence ; 2. punishments ordained
for heinous offences ; 3. robbery ; 4. distinction between articles

of inferior, middling, and superior value; 5, 6. the two kinds of


robbers; 7. seizure of robbers; 8. granting food or shelter (to
thieves), &c. ; 9. thieves; 10. punishment of heinous offences and
larceny; 11. tracing a thief by the foot-marks; 12. confiscation of

the property of thieves or others, when the stolen goods have not
been recovered.

15, 16. Abuse and assault.

I. Abuse; 2. assault; 3. punishments ordained for both offences.

17. Gambling with dice, and betting on animals.

18. Miscellaneous.
I. Protection of the (four) castes and (four) orders by the king
in person ; 2. dignity of a king ; 3. maintenance of Brahmans by
the king; 4. authorisation from the king to bestow one's property
(on Brahmans) ; 5. description of the various modes of subsistence
permitted to a Brahman ; 6. eight things worthy of reverence.
It should be noted that Asahaya himself, in the sequel of his

commentary, does not adhere strictly to this division, and gives


3

PROCEEDINGS AT LAW, 1

* 26. Because it proceeds from one of these three


motives, carnal desire, wrath, and greed ; therefore
it is said to have three efficient causes. These are
the three sources of lawsuits.
* 27. have two modes of plaint, be-
It is said to
cause a plaint may be either founded on suspicion
or on fact. It is founded on suspicion, when the

defendant has been seen to move in bad company.


It is founded on fact, when the stolen chattels or the

like have come to light.


28. Because it is based on the statements of the
^'^

two litigants, therefore it is said to have two open-


ings. There the accusation is called the plaint the ;

answer is called the declaration of the defendant.


29. Because it may be founded either on truth
"'

or on error, therefore it is said to have two issues.


Truth is what rests on true facts. Error is what
rests on mistake of facts.
30. Ordeals even are rendered nugatory by artful
men. Therefore let no mistake be committed in
regard to place, time, quantity, and so on.

a number of different headings, which will be quoted in the notes


to this translation.
27. Supposing that the owner of a lost chattel casts his suspicion
on a man who is constantly seen in the company of well-known
thieves and other bad characters, or who lives with prostitutes, or is
addicted to gambling, if he impeaches that man, it is called a charge
founded on suspicion. If a man is impeached, after having been
taken with the maner, the stolen goods having been found among
his properly, it is called a charge founded on fact. In a charge
founded on suspicion, the decision must be referred to the gods
(i.e. to an ordeal). In a charge founded on fact, the decision
rests vi'ith the king's judge. A.
29. The issue of a lawsuit, like its beginning, may be twofold.
Either a just decision is given, in accordance with fact, or the
decision is erroneous. A.
14 NARADA.

31. There a king who acts justly must neglect


error when brought forward, and seek truth
it is

alone, because prosperity depends on (the practice


of) duty.

32, As seven flames rise from fire, even so will


seven o;ood things become manifest in a self-re-
strained king who passes just sentences at trials.

^^. Religious merit, gain, fame, esteem among


men, reverence on the part of his subjects, con-
quests, and an everlasting residence in paradise.

34. Therefore let a king, having seated


after
himself on the judgment seat, be equitable towards
all and acting the
beings, discarding selfish interests
part of (Yama) Vaivasvata, (the judge of the dead).
* 35. Attending to (the dictates of) the law-book
and adhering to the opinion of his chief judge, let
him try causes in due order, adhibiting great care.
36. The connection (agama) must be examined

31. 'Brought forward,' i.e. stated by the piaintiff. The king


shall neglect it, i.e. not accept it as correct. A. Ya^«avalkya II, 19.

32. The idea that fire is composed of seven rays or flames


is derived, no doubt, from the seven rays of the sun-god Surya,
who is represented down to the present day as riding in a chariot
drawn by seven horses.

34. 'Discarding selfish motives,' i.e. free from love or wrath


(sine ira et studio). 'The part of Yama,' the king of righteous-
ness, i.e. the distribution of the rewards and punishments due to
good and bad actions. A. Ya^rtavalkya II, i Vish«u III, 92, &c. ;

35. While consulting the law-book, he should take heed at the


same time of whatever is brought forward by the assessors of the
court conjointly with the chief judge. He should abide by the
opinion delivered by the latter. He should try causes in due order,
i.e. so that the four feet of a judicial proceeding follow one another

in due succession. A. Manu VIII, i, 8, 9; Ya^Tlavalkya II, i,&c.


36. Agama, 'the connection,' i.e. the relation of the case in hand
to the entire system of law ;
'
the title of law,' its appertaining
to a subdivision of this or that title of law; its '
cure,' i.e. it must
RULES OF PROCEDURE. I5

first of all ; then the title of law must be ascertained ;

thereupon follows the cure ; and the decision comes


at the end. These are the four parts of a trial.

37. Avoiding carefully the violation of either the


sacred law or the dictates of prudence, he should
conduct the trial attentively and skilfully.
38. As a huntsman traces the vestiges of wounded
deer in a thicket by the drops of blood, even so let
him trace justice.
^''
39' Where the rules of sacred law and the dic-
tates of prudence are at variance, he must discard
the dictates of prudence and follow the rules of
sacred law.
40. When It is impossible to act up to the pre-
cepts of sacred law, it becomes necessary toadopt
a method founded on reasoning, because custom
decides everything and overrules the sacred law.
41. Divine law has a subtile nature, and is occult

be cured like an illness, by carrying it through the four parts of


a judicial proceeding. A.
38. As deer in a thick forest is difficult to catch, even so justice
is difficult of attainment. A huntsman traces the game
by following
up the drops of blood to the spot, though the soil may be covered
by thick grass, where the wounded deer is seen by him. Similarly a
king, following the course of the lawsuit, traces law to the point
where justice shines forth clearly. A. Manu VIII, 44.

39. Ya^«avalkya II, 21.

40. According to A., this verse inculcates the superiority of


custom to written law. Thus both the practice of raising offspring
to a deceased or disabled brother, and the remarriage of widows
(see twelfth title of law) are specially sanctioned in the sacred law-

books. Yet these two customs are opposed to established practice.

Therefore subtle ratiocination is required. A. quotes a verse to


the effect that the immemorial usages of every province, which have
been handed down from generation to generation, can never be over-
ruled by a rule of the sacred law. Vasish///a XVI, 4; Gautama XI, 23.
41. 'The visible path' means either ratiocination founded on
6

1 , NARADA.

and difficult to understand. Therefore (the king)


must try causes according to the visible path.
* 42. One who has never committed robbery may

be charged with robbery. An actual robber, on the


other hand, may be acquitted of the charge of
robbery. Ma;/^avya was tried and declared to be
a robber.
* 43. In the case of a woman, at night, outside of

internal or circumstantial evidence, or it may mean a sound


decision. A. Gautama XI, 24.
42. 'Justice has been stated (in 41) to be difficult to attain,
because a man may be suspected to be a thief merely on account
of stolen chattels being found amongst his property. Thus the
great sage Ma/zf/avya even was reproached with theft by an in-
judicious king, because, faithful to his vow of silence, he did not
make a reply when he was charged with theft. Therefore it is

necessary to adhibit great care in discerning righteous men from


evil-doers.' A. The is related in the Maha-
history of I\Ia;7</avya
bharala 4306
I, foil. A gang of robbers (Dasyus) being pursued
by a guard, dropped their booty in the habitation of Ma.nda.vya. the
ascetic, and hid themselves in his hermitage. Soon after, their
pursuers arrived, and asked Mandavya. in which direction the
robbers had proceeded. The saint made no reply, whereupon the

guard took to searching the hermitage, in which they discovered


both the robbers and the stolen chattels. The thing looking sus-
picious, theyconducted both the saint and the robbers before the
tribunal of the king, who ordered the saint to be tied to a stake.
However, though tied to the stake and left without food, the saint
remained alive. After some time, the king ordered him to be
released, and asked his forgiveness for the ill-usage offered to him.

43. 'In the case of a woman,' i.e. if the lawsuit has been insti-

tuted by a wife or daughter ; or if it has been decided by a woman.


'
At night,' as the night is the proper time for sleeping, and not the
proper time for attending to judicial business ; for it is obviously
impossible to try a cause at night. Outside of the '
village,' means
'
in the wood.' A lawsuit, when decided one of these places
in

(or special circumstances), is not finally decided and settled ; the


cause has therefore to be tried anew. Such is the meaning of
this rule. A.
RULES OF PROCEDURE ; THE ANSWER. I
7

the village, in the interior of a house, and by ene-


mies a sentence passed under any one of these
;

various circumstances may be reversed.


* 44. Owing to the recondite nature of lawsuits,
and the weakness of memory, the answer may be
delayed at pleasure in lawsuits relating to a debt or
other subject, with a view to ascertain the true facts.
.-'*45. Let him answer at once
in charges con-
cerning a cow, landed property, gold, a woman,
robbery, abuse, an urgent affair, a heinous offence,
or a calumny.
One who tries to right himself in a quarrel,
* 46.
without having given notice to the king, shall be
severely punished and his cause must not be heard.
* 47. A
defendant who absconds when the cause is
about to be and he who does not take heed of
tried,
what (the claimant) says, shall be arrested by the
plaintiff until the legal summons has been declared.
'''48. Local arrest, temporary arrest, inhibition

44. Owing to the recondite nature of lawsuits, and on account


of the weakness of men's memory, which renders them unable to
remember distinctly any event that has occurred long ago, the
defendant in a lawsuit must be allowed sufficient time to prepare
his answer. A. Read r/wadishu in the text.
45, 46. The first rule constitutes an exception to the preceding
one. In the cases here mentioned the answer should be tendered at
once. A. Gautama XIII, 40, 41; Ya^wavalkya II, 12, 16.
48. Local arrest is in this form :
'
If you move from this place,
the king will arrest you.' Temporary arrest is in this form :
'
You
must not leave house for a certain period.' Inhibition from
this
travelling consists of a prohibition not to undertake a journey
on which one has determined. Arrest relating to karman is in
this form :
'
You must not persevere in performing this or that
karman (religious ceremony).' Thus according to A. and Viramitro-
daya, p. 55. When placed under arrest of any one out of these four
kinds, the person arrested must not break the arrest. Otherwise he
will become guilty of an offence against the king. A.

[33] C
8 ;

1 NARADA.

from travelling, and arrest relating to karman


these are the four sorts of arrest. One ari-ested
must not break his arrest.
* 49. One arrested while crossing a river, or in
a forest (kantara). or in a bad country, or during
a great calamity, or in another such predicament,
commits no by breaking his arrest.
fault

[50. Those causes which have been tried in the


king's court, (or) by friends, connections, or relations,
shall be tried anew, after a fine of twice the original
amount (of the sum in dispute) has been imposed.]
* 51. If one arrested at a proper time breaks his

arrest, he shall be punished. One who arrests im-


properly is (equally) liable to punishment.
'"
52. One about marry; one tormented by an
to
illness ; one about to offer a sacrifice one afflicted ;

by a calamity ; one accused by another ; one em-


ployed in the king's service ;

49. Kantara, '


a fearful forest,' '
a bad country,' a dangerous
place, '
a great calamity,' a public disaster or a heavy affliction and
the like. One who breaks an arrest which has been put on him in
one of the places or on one of the occasions hitherto mentioned,
does not commit a criminal offence by doing so. A.
50. A. observes that this verse, though it ought not to come in
here, has been inserted from the original work (of Narada ?). It

means, according to him, that both those lawsuits which have been
decided by the king in person, and those which have been decided
by friends, connections, or relatives, shall be tried anew, in case the
double amount of the fine ordained has been paid. Y%7lavalkya
II, 305. Perhaps the word (or) had better be omitted.
'
'

51. ' A proper time ' means a


any other time
'
suitable time,' i. e.

besides the various occasions mentioned in paragraph 45. 'One who


arrests improperly,' is either one who arrests on one of the pro-
hibited occasions, or one who arrests without sufficient reason. A.
52. ArtizanSj i.e. manual labourers, while engaged in their
work. A.
RULES OF procedure; arrest. 19

* S3' Cowherds engaged in tending cattle; culti-


vators in the act of cultivation ; artizans, while
engaged in their own occupations ; soldiers, during
warfare ;

* 54. One who has not yet arrived at years of


discretion ;
a messenger ; one about to give alms ;

one fulfilling- a vow ; one harassed by difficulties :

a person belonging to any of these categories must


not be arrested, nor shall the king summon him
(before a court of justice).
* 55. One accused
of an offence must not lodge
a plaint himself, unless he have refuted the charee
raised by the other
Neither (Is he allowed party.
to accuse) one who has already been accused by
a different party. It is wrong to strike one again
who has already been struck (by another).
56. When he has proffered a charge, he must not

53) 54- ' One who has not yet arrived at years of discretion,' i. e.
a boy. '
A messenger,' whether employed in the affairs of the king,
or by a private person. One about to give ahns,' at one of the
'

'
Parvan ' days (the days of the four changes of the moon). One '

fulfilling a vow,' performing a special religious observance. '


One
harassed by one who has been befallen, at the time
difficulties,' i. e.

being, by a calamity from the king or from fate. All persons in


any such situation must not be arrested. A.
55. The defendant, after having been accused by the plaintiff,
must not proffer a counter without
plaint against the plaintiff,
having previously cleared himself of the charge raised against him-
self, because two different causes cannot be tried at one and the

same time. Neitlier must a new plaint be lodged against one


who has already been impeached by another, because one already
hit must not be hit again. If a deer has been first hit by one
huntsman, and is again hit by another hunter, the effort of the
latter is to no purpose. The first huntsman may justly claim the
deer, and not the second. A. Ya^;7avalkya II, 9.

56. He must not alter the


' charge,' as e. g. by claiming a larger
or a smaller sum afterwards than he had done before If e. g. after

C 2
20 NARADA.

again alter it. He must not recede from his pre-


vious claim. By doing so he will lose his suit.
57. He must not lodge a false plaint. He is

a sinner who proffers a false charge (against any


one). Whatever fine is declared in a suit of this
sort has to be paid by the claimant.
58. If a man delays his answer under false pre-
tences, or if he stands mute at the trial, or if he
revokes hisown former statements these are the :

signs loser of his cause may be known.


by which a
59. One who absconds after having received the
summons, or who does not make any defence after
having arrived in court, shall be punished by the
king, because his cause is lost.

60. If a man being questioned does not uphold

having first claimed, as being his due, a sum amounting to 20 Gadya-


wakas of gold, he says afterwards : This man has to giv'e 50 drammas
(drachmas) to my son, it is called '
receding from one's first claim
and proffering another claim.' A. Ya_§^«avalkya II, 9.

58. Delaying one's answer under false pretences is e. g. if a


man says, ' I am unwell just now,' or '
I am unclean just now. I

make no answer.' Likewise, if a man, after having been asked by


the judges, does not speak, or if having made a statement pre-
viously he revokes it ; by such signs as these a man may be known
to have lost his cause. A.
59. He who, after having been summoned by the king, makes
off ; or who, having decamped and having been seized with diffi-
culty by the king's officers, does not make any reply to the ques-
tions put to him, shall be fined by the king, because he loses
his suit. A. Manu VIII, 55, 56; Y%/7avalkya II, 16.
60. If, being questioned by the judges, he does not uphold, i. e.

maintain, a statement previously made by himself. A, The com-


mentators of ]\Ianu, in commenting on an analogous passage of
the Code of Manu (VIII, 54), give the following example. A man
has made a certain statement regarding the money in dispute.
The judge asks him afterwards, Why did you tender or accept the'

money at night ? The man thereupon does not abide by his own
'

former statement. (See Jolly, translation of the eighth chapter of


1

RULES OF PROCEDURE ; EVIDENCE. 2

a Statement duly former stagemade by himself (at a


of the or if he ends by admitting what had
trial) ;

been previously negatived by himself ;

6 1. Or if he
unable to produce any witnesses,
is

after having declared that they are in existence and


having been asked to produce them by : all such
signs as these persons devoid of virtue may be
known.
* 62. When a lawsuit has been decided evidence

becomes useless, unless a document or witnesses can


be produced who or which had not been announced
at a former stage of the trial.
* 63. As thrown
the (fertilizing) power of rain is

away on ripe grain, even so evidence becomes use-


less when the suit has been decided.

the Code of Manu.) '


He who, after havmg answered a question in
the negative previously, makes an opposite statement afterwards.'
The meaning is as follows: He is cast, if, having been interrogated
by 'Can you adduce any witnesses or documents
the judges, he .?'

replies at by saying I have none,' and goes on to say I have


first ' '

witnesses and documents.' A. The reading seems faulty. See Manu.


61. If a man says he has documents or witnesses, and the judges,
having heard this, say to him, '
If you have witnesses, show them,'
i. e. exhibit them ; if thereupon he does not adduce them, he loses
his suit. A. Manu VIII, 57.
62. 'This wicked debtor owes me money. He declines to re-
store it, though I pay me by witnesses
can prove his obligation to
and documentary evidence. Therefore I must cite him before the
tribunal of the king.' If the claimant says so and does not produce
evidence at the time when he proffers his claim, but produces it

afterwards, it does not make evidence. If, however, a statement


of this kind had been previously made, and the claimant, owing to
some unfortunate accident, or to forget fulness, &c., has merely
failed to repeat it at the third stage of the trial (i. e. during the
judicial inquiry), it may be renewed, and shall be examined by the
judges, although the case had already been decided, and sureties
been given and taken. A. Ya^«avalkya II, 20.
22 NARADA.

64. False statements even have to be examined


if they have been made
due season. That, on in

the other hand, which has been passed over in


silence through inadvertency, fails to produce any
result, even though it be true.
* 65. If a man is of opinion that the suit has been

decided and punishment declared in a way contrary


to justice, he may have the cause tried once more,
provided he should pay twice the amount of the
fine inflicted.
* 66. If a verdict contrary to justice has been
passed, the assessors of the court must pay that fine;

because nobody certainly can act as a judge without


incurring the risk of being punished (eventually).
67. When a member of a court of justice, actuated
by wrath, ignorance, or covetousness, has passed an

64. Ya^wavalkya II, 19.

65. A lawsuit is *
decided ' at the time when the judges, after
having come to a unanimous agreement about the verdict to be
passed on the plaintiff and defendant, give them a written record of
their respective victory and defeat. The '
punishment has been
declared ' when the judges, after passing the verdict, dictate a
certain punishment, in accordance with the comparative heaviness
or lightness of the offence committed. In both cases, if a man
considers himself to have lost his cause through an unjust sentence,
he may have the cause tried anew, if he pledges himself to pay
twice the amount of the fine to the king's judge. A. Ya^wavalkya
II, 305-
66. ' Where an unjust sentence has been passed, the blame
attaches to the assessors of the court. Therefore they have to pay
that fine.'A. Ya^«avalkya II, 4.
Wrath' is when he bears him an old grudge.
67. '
Ignorance' '

means folly. That is done through covetousness which is done


'
'

in consideration of a bribe. 'He who passes an unjust sentence,'


i.e. who says what is opposed to justice. Such an assessor has to
be considered as 'no assessor of the court,' i.e.he is unworthy to sit
in the court. A.
RULES OF PROCEDURE. 23

unjust sentence, he shall be declared unworthy to


be a member of the court, and the king shall punish
him for his offence.
""
6S. That king-, however, who is intent on doing
his duty, must be particularly anxious to discover
what is right and what is wrong, because there is
a variety of dispositions among mankind.
69.There are some who give false evidence from
covetousness. There are other villainous wretches
who resort to forging documentary evidence.
70. Therefore both (sorts of evidence) must be
tested by the king with great care documents, :

according to the rules regarding writings ; witnesses,


according to the law of witnesses.
* 71. Liarsmay have the appearance of veracious
men, and veracious men may resemble liars. There
are many different characters. Therefore it is neces-
sary to examine (everything).
* 72. The firmament has the appearance of a flat

surface, and the fire-fly looks like fire. Yet there is

no surface to the sky, nor fire in the fire-fly.


* yT,. Therefore it is proper to investigate a matter,

even though it should have happened before one's


own eyes. One who does not deliver his opinion
till he has investigated the matter will not violate
justice.

68. The two following paragraphs show what is meant by '


the
diversity of men's minds.' A.
72. As the sky has the appearance of a level plain like the earth,
yet there is nothing like earth about it; and as there is no fire

in the fire-fly, although it sparks like fire;even so the utterances of


men are often untrue, though they may have the appearance of true
statements. Therefore it is necessary to examine strictly even
what a man professes to have seen with his own eyes. A.
24 NARADA.

* 74. Thus a king, constantly trying lawsuits with


attention, will acquire widespread and brilliant renown
in this life and the abode of Indra after his death.

II. The Plaint.

1. The claimant, after having produced a pledge


the value of which has been well ascertained, shall
cause the plaint to be written. (He must have been
impelled) to proffer his claim, by the nature of the
claim, and must be intent on promoting the victory
of his cause.
""
2. The defendant (creditor), immediately after
having become acquainted with the tenour of the
plaint, shall write down his answer, which must
correspond to the tenour of the plaint.
* 3. Or let him (the defendant) deliver his answer
on the next day, or three days, or seven days later.

II, I. The term suniji^itabaladhanas, which has been taken to mean


'after having produced a pledge the value (or competence) of which
has been well ascertained,' is by no means clear, and admits of several
different interpretations. Thus it might be rendered, '
after having
carefully explored the nature of the wrong offered to him.' A. does
not explain this obscure term '
Impelled by the nature of his claim;'
not by the king, or by an enemy, but merely by his own cause.
'
on promoting the victory of his cause,' i. e. absolutely
Intent
determined not to embark in any other undertaking, previous to
having gained his cause. A.
2. The creditor is called plaintiff. The debtor is called defend-
ant. The defendant, after having heard the tenour of the plaint
which has been tendered in writing by the plaintiff, shall write an
answer, i. e. make a reply, which corresponds to the tenour of the
plaint. A. Read pratyarthi in the text.
3. The defendant may tender his written answer on the next day,
or three days, or seven days after he has heard the accusation.
The plaintiff, on the other hand, is not allowed any time to reply
to the statements of the defendant. His victory (or defeat) is
PLAINT AND ANSWER. 25

The no doubt duly obtains his victory at


plaintiff

once, when the trial has reached the third stage (the
examination of the evidence).
* 4. An answer is fourfold ; a denial, a confession,
a special plea, and that which is based on a plea of
former judgment.
* 5. A denial is fourfold (being couched in any
one out of the four forms hereafter mentioned).
'
This is false,' or I do not know anything about it,'
'

or '
I was not present at the transaction,' or '
I was
not in existence at the time when this event took
place.'

6. A and a
contradiction, the reverse, a retort,

friendly counsel in one out of these four forms


;

should the answer be given, and it should be in con-


formity with the tenour of the plaint.
* 7. Before the answer to the plaint has been ten-
dered by the defendant, the plaintiff may amend his
own statements as much as he desires.

decided at once, by examining the proofs that have been ad-


duced. A, Ya^wavalkya 11, 7.
4. A special plea is when the defendant admits a fact, but quali-
fies or explains it so as not to allow it to be matter of accusation.
A plea of former judgment is when the defendant pleads that the
very same cause has been previously tried at the tribunal of this or
that judge,and that his adversary has been cast. A.
This paragraph, says A., occurs in the original work, and
6.

has therefore been inserted in this place, though it is difficult of


explanation and a mere paraphrase of the preceding paragraph. It
has been rendered in accordance with his interpretation. '
The
reverse ' means confession. '
A retort ' means a special plea. '
A
friendly counsel' means plea of former judgment. A.
7. The plaintiff may go on altering and improving his written

declaration, till the defendant gives in his answer. When, however,


the plaint has been answered, he is no longer at liberty to make any

further amendments. A.
'

26 NARADA.

* 8. These are called the defects of a plaint: (i) if

it relates to a different subject ; (2) if it is unmeaning ;

(3) if the amount (of the sum claimed) has not been
properly stated ; (4) if it is wanting in propriety ;

(5) if the writing is deficient; (6) or redundant; (7)


if it has been damaged.
9. By whomsoever a claim is raised, whatever and

from whomsoever it may have been claimed from :

that very person must the claimant receive that


very thing, and it must not be (claimed) mutually,
or (claimed) from a stranger. Thus a claim relating '

to a different subject' may be of three kinds.


10. Thy
friend here has thought in his mind, that
I am enemy. On account of this great intoler-
his
ance I have impeached thee here.
11. If he omits to state the amount of the thing
(claimed), and forgets to aim at brevity(?): this fault
of a plaint is called omission of the amount (claimed),
and it should be avoided.
12. Let him avoid improper statements in the
plaint (e. g. an accusation which is raised) by a
plurality of persons against one single-handed ; or

8. A. does not explain the rather obscure terms occurring in


several of the following paragraphs. He confines himself to stating
that they contain an accurate definition of the 'seven defects of a
plaint,' as enumerated in paragraph 8, to which the defect de-

scribed in paragraphs 15, 16 has to be added as an eighth.


9. The three kinds of ' a claim relating to a different subject
appear, therefore, to be these : where it proceeds from a different
person than the creditor; where the amount of the sum claimed has
not been stated correctly; and where the plaint has been addressed
to a wrong person.
10. This is an instance of an unmeaning or frivolous ac-
cusation. A.
11. The reading of this paragraph is uncertain.

THE PLAINT. 27

(a cause which) opposed to (the interests of) the


is

city or kingdom (in which he hves).

13. A plaint in which a mere dot is omitted, or


where a word or a syllable has been obliterated, or
where too little or too much has been written, or which
is absurd ; such a plaint should be carefully avoided.
14. He should (equally) avoid a plaint which has
been destroyed or damaged (by an accident), or
which has been soiled by water, oil, or other (liquids),
even though the purport and meaning of the plaint
be quite plain.
* 15. A plaint, though otherwise established, is not

correct, if it is contrary to established law and usage.


16. A claim which is proffered in this form 'I

gave this to him while he was in a state of intoxica-
tion with fragrance (through a smell of perfume) '

cannot succeed, because it is contrary to established


usage.
* I 7. Where different words are (subsequently) in-
serted (in the plaint), and where the sense becomes
different (in consequence), there the judicial investi-
gation becomes confused, and the evidence itself is

thrown into confusion.


^'
t8. When the claimant, in a passion, and actuated

17. A. illustrates this rule by the following example. The claim-


ant has claimed a certain sum. At the time of the trial he names a
larger sum than he did before. Thus the judicial investigation
becomes confused.
18. If a man actuated by one of the three passions, sexual desire,
wrath, and covetousness, mentions some special (important) circum-
stance at the trial, the scribe shall enter it at once in writing on a
board, or leaf, or Bhur^a-bark, or box, or wall. A. This rule
seems to relate to incidental statements, which escape one of the
parties through inadvertency. Thus in the well-known drama
Mr/-^X'/^aka/ika, the wicked prince Sawsthanaka, when informing the
:

28 NARADA.

by one of the immoral motives, such as partiality,


makes some special statement, it shall at once be
completely reduced to writing on a board or other
(writing material).
19. Other statements than those (taken down at
first) regarding the plaintiff on a board or other (writing
material) shall be removed, after careful considera-
tion, by persons versed in law, (when reporting on
the trial) for the information of the king's judge.
Let such persons reduce to writing the state-
20.
ments of each party, and whatever else has been
written on the board, together with the names of the

judge that Vasantasena has been murdered, adds, ' not by myself.'
The judge pounces upon the latter statement, suspicious as it looks,
and causes the scribe to put it do\vn in writing on the floor. The
prince, perceiving that he has committed himself, effaces the writing
with his foot. The custom of writing the statements of the parties on
the floor is repeatedly referred to in the Indian dramas.
From what
Br/Tiaspati says, would seem that in the time of this law-writer
it

the statements of the parties had first to be written on a board, and


then on a leaf, after all the required corrections had been entered.
Narada seems to refer to the same custom in paragraphs 19 and 20.
According to Dr. Burnell, the boards referred to in the law-books
must have been a sort of black wooden boards. See Burnell, South
Indian Palaeography, 2nd ed., p. 87.

20. In translating this


paragraph, the obscurity of which is
only surpassed by the preceding paragraph, I have deviated from
the interpretation proposed by the commentator.
A. takes this paragraph as containing four independent clauses
I. what has been stated or admitted by both parties; 2. whatever
else has been written on the board; 3. the depositions of the
witnesses; what each party has conceded to the other. These
4.
four things should be reduced to writing by the persons entrusted
with the judicial investigation. Whatever else has been written
'

on the board,' i. e. whatever the plaintiff" amends or adds, while the


plaint is being reduced to writing. Such statements, as shown in
the next paragraph, are called Pratyakalita.
THE PLAINT. 29

witnesses, as well as those statements in which both


parties concur.
21. Additional statements of the plaintiff (or de-
fendant), which are not contained in the writings of
both parties, shall be (subsequently) entered into his
(their) declaration. They are called Pratyakalita
(' what is interposed ').
^''
22. If one deputed by the claimant, or chosen
as his representative by the defendant, speaks for
his client in court, the victory or defeat
concerns the
party (himself and not the representative).
23. He deserves punishment who speaks in
''''

behalf of another, without being either the brother,


the father, the son, or the appointed agent and so ;

does he who contradicts himself at the trial.


* 24. He who forsakes his original claim and pro-
duces a new one, loses his suit, because he confounds
two plaints with one another.
* 25. A verbal error does not annul the claim in

21. A. infers from the use of the term 'both parties' that a
Pratyakalita statement may proceed from the defendant as well as
from the plaintiff, though the plaintiff alone is specially mentioned.
A. adds that this rule applies equally lo all those kinds of statements,
which are mentioned in paragraph 20.
This rule applies equally where a party is prevented from
3 2.
appearing before the court by illness, and where the party is not
a good speaker, and has appointed an agent or attorney for that
reason. A.
23. This prohibition relates to those who, from love, anger, or
avarice, meddle with the affairs of strangers, and pretend to act in
their behalf at court. A.
24. If a claimant, on finding himself unable to prove his claim
at the trial, proffers a different claim, he must be pronounced the
losing party, on account of the confusion caused by him. A.
25. An erroneous statement does not necessarily cause the defeat
NARADA.

actions of any kind. So if the case relates to cattle,


or to a woman, or to land, or to a debt, he is liable
to punishment, but his claim is not annulled.
26. Where the defendant denies the charge, the
claimant has prove his accusation, unless the
to
denial should have been in the form called Pratya-
vaskandana.
*2 7. What the claimant has fully declared word
for word in the plaint that he must substantiate by
adducing evidence at the third stage of the trial.
* 28. Proof is said to be of two kinds, human and
divine. Human proof consists of documentary and
oral evidence. By divine proof is meant the ordeal
by balance and the other (modes of divine test).

29. Where a transaction has taken place by day,

of the plaintiff. This is particularly the case in one of the following


important actions : a case relating to a cow, female buffalo, or
other cattle ; a case relating to a woman ; a case relating to landed
property, i.e. a house, field, &c. ; and a case relating to one of the
twenty-five subdivisions of the law of debt. In any case he is not
defeated, merely on account of an erroneous statement contained
in the suit. He does not lose the suit instituted by him, though he
is liable to punishment. A. The Mitakshara (p. 23) has a long
gloss on this rule of Narada, from which it appears that the
'
erroneous statements' here referred to are statements made through
inadvertency, and that this rule applies to civil, as opposed to
criminal actions. Read \a.kk/i^le in the Sanskrit text.
26. An answer in the form called Pratyavaskandana is where
the defendant admits the facts adduced by the plaintiff, but explains
them so as not to be matter of accusation.
27. The claimant must prove, at the judicial investigation, what-
ever he has committed to writing in the plaint. A.
29. The divers kinds of divine test will be declared below. In
the case of all those transactions which take place during day-time
eye- and ear-witnesses are present. Documentary evidence, like-
wise, is generally available in such cases. Therefore, divine proof
should not be resorted to. Where a transaction is known to have
:

PLAINT AND ANSWER. 3 I

in a village or town, or in the presence of witnesses,


divine test is not applicable.
'"
30. Divine test is applicable (where the transac-
tion has taken place) in a solitary forest, at night, or
in the interior of a house, and in cases of violence,
or of denial of a deposit.
31. Where the defendant has evaded the plaint by
means of a special plea, it becomes incumbent on
him to prove his assertion, and he is placed in the
position of a claimant.
* ^2. One who takes to flight after having received
the summons one who remains silent one who is
; ;

convicted (of untruth) by (the deposition of) the wit-


nesses and one who makes a confession himself
;

these are the four kinds of Avasannas (losers of


their suit).
* T,;^. One who alters his former statements ; one

taken place in the presence of witnesses, divine proof is also not


applicable, A.
30. In all the places and occasions mentioned in this paragraph
human proof is not applicable, wherefore divine test has to be
resorted to. A.
31. Where the defendant has recourse to the mode of defence
called Pratyavaskandana, i.e. where he admits the charge, but
adduces a special circumstance to exonerate himself, the plaint
becomes purposeless. To the defendant, however, belongs the
onus probandi in regard to the special circumstance mentioned
.by him. He is, therefore, reduced to the position of a claimant,
in that it is incumbent on him to prove his assertion at the time of
the judicial investigation (kriya). A.
32. One who, though summoned by the king's officers, absconds
through fear of the accusation brought against him; one who
stands mute in the assembly when he is asked to make his declara-
tion ; one who is cast by the depositions of the witnesses ; and one
who confesses to be in the wrong himself: these four persons are
non-suited. A. Ya^ilavalkya II, 16; Manu VIII, 55-58.
33. Two out of the four 'losers of their suit,' who are referred
32 NARADA.

who shuns the judicial investigation one who does ;

not make his appearance (before the tribunal) one ;

who makes no reply; and one who absconds after


receiving the summons these five kinds of persons
:

are called Hina (cast in their present suit).

34. Precious stones, such as rubies, golden orna-


ments, such as Dinaras, pearls, coral, shells, and '

other (jewels and precious metals) shall be returned

to in the preceding paragraph, may be said to have lost their cause ^,


for once and one who is convicted of untruth by the deposi-
all, viz.

tion of the witnesses, and one who confesses his wrong himself
The two others, viz. one who remains silent and one who absconds,
are liable to punishment, but they do not entirely lose their suit, as
their cause may be tried anew. Similarly, the five persons mentioned
in par. 33, though non-suited in the case in hand, may have their
cause tried anew. 'One who alters his statements,' i.e. one who,
from forgetfulness, says something different from what he had stated
before. One who shuns the judicial investigation,' i. e. one who,
'

from repugnance against judicial investigation, throws the proceed-


ings into confusion. '
One who does not make his appearance
before the tribunal,' on account of a calamity which has befallen
i.e.

him through the king or through fate, &c. One who makes no '

reply,' i.e. one who does not give in his answer at once, and asks
for delay to prepare it. One who absconds from fear of an
*
'

enemy. A. This interpretation has evidently been called forth by


a desire to reconcile par. 33 with the preceding paragraph, as the
persons called Hina are partly identical with those designed as
Avasannas. It may be doubted, however, whether par. 32 belongs
to the original work of Narada, as the identical rule is elsewhere
attributed to Br/haspati (see Viram., p. 102), and as it is certainly
difficult to reconcile the two paragraphs with one another.

34. If the owner of the articles mentioned in this rule sells them
for genuine, and the purchaser, putting belief in his statements,
accepts them as such, and pays for them, but finds out afterwards
that they are not genuine, the seller must take them back, and must
exchange for them which are really valuable,
give other articles in
or he must make good their value to the purchaser. A. As for the
meaning of the term Dinara, which corresponds to the Latin
denarius, see the Introduction.
THE PLAINT. 33

to their owner, in case they turn out to be imitations


only.

35. If a man seizes perfumes, or garlands


other —
than those which have been given to him or orna- —
ments, or clothes, or shoes, which belong to the
king, he deserves to be corporally punished.
'"'
2,^. The price or value of a commodity, wages, a
deposit, a fine, what has been abandoned (by one and
found by another), what has been idly promised, and
what has been won at play none of these articles ;

yields interest, except under a special agreement to


the purpose.
;^J. Men of the ^'udra caste, who proffer a false
accusation against a member of a twice-born (Aryan)
have their tongue slit by (the officers of)
caste, shall
the king, and he shall cause them to be put on
stakes.
2,^. A royal edict, a (private) document, a written

35. One who, from pride, seizes (or uses) one of the above articles,
shall be corporally punished, if they belong to the king. A. The
reading of this paragraph is quite uncertain.
36. ' The price of a commodity,' the price paid for a saleable
commodity which has been sold. 'A deposit,' a trust. 'A fine,'
an amercement which has been inflicted by the king's judges.
'
What has been abandoned,' what has been seized after its dere-
liction (by the original owner). '
What has been idly promised '
to
bards or other worthless persons.
37. If the »S"udras, by whom this crime has been committed, are
punished by the king, he becomes free from blame. Otherwise,
the blame falls on him, as it is his duty to reward the honest, and
to punish evil-doers. A.
38. The divers forms in which a plaint is instituted in each
of these several cases (excepting a single case, a transaction of sale)
are stated as follows by A. :
'
i. This man has not taken notice of
a certain royal edict. 2. This man has (unduly) availed himself of
a certain document relating to its owner. 3. This man, by virtue
of a certain written title, has appropriated a slave girl belonging to

[33] D
34 NARADA.

title, a grant, a pledge, a (promise reduced to) writing,


a sale, or purchase one who brings a claim in regard
:

to any one of these before the king is known as


defendant among those conversant with the rules
(of legal pleading).
* 39. Where the deposition of the witnesses has
been objected becomes necessary first of all to
to, it

clear the witnesses from suspicion. When the wit-


nesses themselves have been cleared from suspicion,
he may undertake to remove the doubts w^hich have
been raised against their deposition.
^ 40. When a man has lost his cause through the
dishonesty of witnesses or judges, the cause may be
tried anew. When, however, a man has been cast
through his own conduct, the trial cannot be re-
newed.
41. One convicted by his own confession, one

myself. 4. This man raises the revenue of a certain village which


has been granted to myself. The grant relates to myself only.
5. This property has first been pledged to me by the debtor. How
can any one else enjoy it ? 6. Why does not this man deliver this
chattel to me, which has been promised to me in writing ? 7. I

have purchased this commodity from him,' and paid for it. He
does not make the —
commodity over to me.' Read ^gna..
39. Where the defendant raises groundless objections against the
trustworthiness of the depositions of witnesses, he is liable to punish-
ment, one who shuns the judicial investigation, and loses his
like
suit in consequence. After the witnesses have been cleared from
suspicion, their statements have to be examined in order to remove
what looks suspicious in them. A.
40. Those who have lost their cause, either through the state-
ments of their own witnesses, or through the decision of the judges,
may have their cause tried anew, according to a rule previously
laid down. If, however, a man
has been convicted by his own
conduct, or if adduced by him should turn out to
the witnesses
have been corrupted by him, the case cannot again be opened. A.
41. I. One who pleads guilty; 2. one convicted by his own
THE JUDGMENT. 35

cast through his own conduct, and one whom the


judicial investigation has proved to be in the wrong:
(these three) deserve to have their final defeat
declared at the hand of the judges.
42. Whenever the (false) assertions have been
removed, the judges shall pass a decree. If they
pass a judgment, before the false statements have
been removed, they will cause evil in the next world
and in this.
43. One condemned by the judges shall be pun-
ished by the king according to law. The victorious
party shall receive a document recording his victory,
and couched in appropriate language.
44. This has been formerly declared by the self-
existent Being to be the mouth of a lawsuit. If the
mouth of a lawsuit is in order, the whole suit is in
order, but not otherwise.

conduct, as e.g. by adducing false witnesses or forged documents;

3. one convicted by tlie witnesses those three shall not be punished


:

till they have been condemned by the judges. A.


42. When the time for passing a decree has arrived, the judges
shall carefully remove all mere assertions of either party. Should
they omit to do so, they would be in danger of condemning an
innocent man, and might produce evil in this world by causing loss
of money, and in the next world by barring the way to paradise to
themselves, as it is the duty of kings to restrain evil-doers and to
protect the righteous. A.
43. According to Bn'haspati, the document of victory which has
to be given to the victorious party shall contain an accurate record
of the plaint, of the answer, and of the judicial investigation.
44. The general rules regarding judicial proceedings, which have
been laiddown in the preceding section, are declared to be the
mouth of a lawsuit, because they are applicable to the trial of every
suit. 'The self-existent Being,' i.e. Brahman. A.

D 2
36 NARADA.

III. Courts of Justice.


* I. has not been authorized must not
One who
speak on any account at the trial. But authorized
persons must dehver their opinion in an unbiassed
spirit.
* 2. Whether unauthorized or authorized, one
acquainted with the law shall give his opinion. He
passes a divine sentence who acts up to the dictates
of law.
3. If he delivers a fair opinion, a member of the
court will incur neither hatred nor sin. But if he
speaks otherwise he at once incurs both.
*''
4. Let the king appoint, as members of a court

III, I. Courts of justice are generally thronged by a large atten-


dance. Some of the persons present are intelligent, others are not,
and others are wise in their own estimation only. Such persons, if
unrestrained, would disturb the judges by interpreting idle speeches
between the legal proceedings, and by quarrelling amongst them-
selves. Therefore, the first half of this paragraph relates to the
punishment ordained for those who speak without authorization.
Authorized persons, i.e. the judges who sit on the seat of judgment,
shall strive to be just, i.e. they shall deliver a judgment in accord-
ance with justice, and shall not show partiality for either of the

parties. A.
2. Where all the assessors of the court pass an unjust sentence,
from ignorance of the law, or from interested motives, there a
Brahman versed in the sacred law and acquainted with legal pro-
ceedings, who happens to be present, shall point out the law to
them, and restrain the judges from their sinful course. He shall

speak, though he has not been appointed to deliver judgment.


Law is called the voice of the deity. A.
That is called
3.
'
a fair opinion' which is not contrary to written
law and to custom. A judge who delivers a sentence of this kind
incurs neither enmity nor sin, i.e. he does not become unhappy
either in this world or in the next. A.
4. As young bulls are able to carry a heavy burden, even so
COURTS OF LAW. '^'J

of justice, honourable men, of tried integrity, who


are able to bear, like good bulls, the burden of the
administration of justice.
* 5. The members of a royal court of justice must
be acquainted with the sacred law and with rules of
prudence, noble, veracious, and impartial towards
friend and foe.

6. Justice is said to depend on them, and the


king is the fountain head of justice.
Therefore the
king should try causes properly, attended by good
assessors.
7. When lawsuits are decided properly, the mem-
bers of the court are cleared from
ofuilt. Their
purity depends on the justice (of the sentences
passed by them). Therefore one must deliver a
fair judgment.

8. Where justice is slain by injustice, and truth

by falsehood, the members of the court, who look


on with indifference, are doomed to destruction
themselves.

competent judges are able to discharge the onerous duties of their


responsible office. They must be men of ripe wisdom, acquainted
with sacred law and with the ways of the world, and the king must
have tested their qualifications. A. Vish;/u III, 74, &c.
5. The law-books contain many utterances of the sages, which
are obscure and difficult to make out. Therefore slow-minded
persons, who are unable to understand them, and to refer their

contents to each case in hand, must not be appointed. Well-


descended persons shall be appointed, because they will avoid
partiality from family pride, '
Veracious ' persons have a natural
abhorrence against untruthfulness. A. Ya^wavalkya II, 2.

6. '
On on the judges, whose qualities have been
them,' i. e.

previously described. A. Vishwu III, 72 Manu VIII, i Ya^wa- ; ;

valkya II, i, &c.


7. If the king decides lawsuits justly, the assessors obtain their

own absolution through the just decision. A.


8. Identical with Manu VIII, 14.
;

38 NARADA.

9. Where justice, having been hit by injustice,


enters a court of justice, and the members of the
court do not extract the dart from the wound, they
are hit by it themselves,
10. Either the judicial assembly must not be
entered at all, or a fair opinion delivered. That
man who either stands mute or delivers an opinion
contrary to justice is a sinner,
Those members of a court who, after having
11.

entered it, sit mute and meditative, and do not

speak when the occasion arises, are liars all of


them,
*i2. One quarter of the iniquity goes to the
offender ; one quarter goes to the witness ; one
quarter goes to all the members of the court
one quarter goes to the king.
13, The king is freed from responsibility, the

9. Virtue is here compared to one wounded with a weapon, who


goes to a physician in order to be cured by him. The judges are
compared who, by means of a careful judicial investi-
to physicians
gation, deliver justice from the attacks of iniquity. If they do
not extract the dart of iniquity, they are killed themselves by the
dart of iniquity, which has been spared by them, A. Nearly
identical with Manu VIII, 12. •

10, Either the judicial assembly must not be entered at all, not
even a single time, or an opinion conformable to justice must be
deUvered. A judge who remains silent, or who, when asked to
pass a sentence, says what is contrary to justice, is criminal, i. e.

a great sinner, A. Nearly identical with Manu VIII, 13.


11. Those judges who sit mute in the judicial assembly, being
apparently engaged in meditating over an altogether different affair
than that for which the parties have appeared before the tribunal,
and who fail to declare at the proper time the victory of the one
party and the defeat of the other, all such persons shall be looked
upon by the king as equally criminal with those who pass a false
sentence. A.
12, 13. These two paragraphs belong together. If the judges
THE JUDGMENT. 39

members of the court obtain their absolution, and


the guilt goes to the offender, when the guilty person
is punished.
14. He who, having entered the court, delivers
a strange opinion, ignoring the true state of the case,
resembles a blind man who regardless swallows fish
together with the bones.
15. Therefore every assessor of the court
let

deliver a fair opinion after having entered the court,


discarding love and hatred, in order that he may not
go to hell.
* 16. As an experienced surgeon extracts a dart
by means of surgical instruments, even so the chief

were to acquit the criminal, and unjustly to condemn the innocent


party, the iniquity or sinful action committed by the unjust decree
would go into four parts, i. e. a quarter of it would go respectively

to the shares of the perpetrator of the deed, of the witnesses, of all


the assessors of the court, and of the king. If, however, the guilty
person alone condemned, i.e. if the criminal party loses his cause,
is

the king becomes free from guilt, the judges are free from responsi-
bility, and the whole guilt falls on the perpetrator of the iniquitous

deed. A. Medhatithi, in commenting on the identical rule of


Manu (VIII, 18), observes that the guilt goes to the king, in case
the sentence had been passed by him in person. Otherwise it goes
to his chief judge. Identical with Manu VIII, 18, 19, &c.
14. One whose eyesight is unim.paired, does not eat fish without
having previously removed the bones, which would injure his mouth,
his tongue, and his palate. A blind m^n, on the contrary, eats fish
together with the bones, because he is unable to remove them.

The case is similar with the eye of knowledge. A.


15. Considering all this, let a judge, after having entered the
court of judicature, reject every kind of bias, and deliver a fair, i.e.
an impartial opinion, in order that he may not go to hell burdened
with the crime of a guilty person (acquitted by him). A.
16. As a skilful surgeon conversant with the art of extracting a
dart, extracts it, though it may be difficult to get at and invisible,

by the application of surgical instruments, of spells, and other


manifold artful practices, even so a judge shall extract the dart of
40 NARADA.

judge must extract the dart (of iniquity) from the


lawsuit.
* 1 7. When the whole aggregate of the members
of a judicial assembly declare, '
This is right,' the
lawsuit loses the dart, otherwise the dart remains
in it.

18. That is not a judicial assembly where there


are no elders. They are not elders who do not pass
a just sentence. That is not a just sentence in
which there is no truth. That is not truth which is

vitiated by error.

iniquity which has entered a lawsuit, by employing the artful expe-


dients of judicial investigation. A.
17. 'The members of a judicial assembly' are those who have
come together for the trial of a cause. A.
18. This paragraph, in the original, is a verse composed in the
Trish/ubh metre, and has the look of an old versus memorialis.
Though the author of the Narada-smr/ti has incorporated it in his
work, its contents do not quite fit in with his own ideas regarding
the constitution of a judicial assembly, and the prominent place
which he assigns to the chief judge of the king.
FIRST TITLE OF LAW.

The Law of Debt.

1. Payment of a Debt.

I. Which debts must be paid, which other debts


*

must not be paid by whom, and in what form (they


;

must be paid) and the rules of gift and receipt, (all


;

that) is comprised under the title of Recovery of '

a Debt.'
* 2. The father being dead, it is incumbent on the
sons to pay his debt, each according to his share (of
the inheritance), in case they are divided in interests.
Or, if they are not divided in interests, the debt must

The twenty-five sections into which the law of debt has been
divided in this translation correspond in the main, though not
throughout, to the headings proposed by Asahaya in different
portions of his work. Asahaya, as pointed out before, is not con-
sistent with himself in this respect. It is curious to note that the
whole law of evidence, excepting the general rules laid down in the
preceding chapters, has been inserted by Narada between the divers
rules of the law of debt. He seems to have followed in this respect,
as in other particulars, the example set to him by the earlier
legislators, such as Manu and Ya^?1avalkya.
I, I, 2. If a debt contracted by the father has not been repaid
during his lifetime, by himself, it must be restored, after his death,
by his sons. Should they separate, they shall repay it accord-
ing to their respective shares. If they remain united, they shall
pay it in common, or the manager shall pay it for the rest, no
matter whether he may be the senior of the family or a younger
member, who, during the absence of the oldest, or on account of
his incapacity, has undertaken the management of the family
estate. A.
42 NARADA. I, 3.

be discharged by that son who becomes manager


of the family estate.
* 3. That debt which has been contracted by an
undivided paternal uncle, brother, or mother, for the
benefit of the household, must be discharged wholly
by the heirs.
^''4.
been legitimately inherited by
If a debt has
the sons, and left unpaid by them, such debt of the
grandfather must be discharged by his grandsons.
The liability for it does not include the fourth in
descent.
^'^
5. Fathers wish to have sons on their own
account, thinking in their minds, '
He will release
me from all obligations towards superior and inferior
beings.'

3. A debt contracted for the household, by an unseparated


paternal uncle or brother, or by the mother, must be paid by
all the heirs. If they are separate in affairs they must pay for
it according to their shares. If they live in union of interests, they
must repay it common. A.
in

2, 3. ManuVIII, 166; Vish;mVI, 27, 35, 36; Ya^navalkya II,

45. 5°-
4. A. proposes an explanation of this paragraph which is not in
accordance with its literal meaning, and decidedly opposed to the
principles of a sound method of interpretation. He says that the
term '
must be taken to relate to the grandsons of the
grandsons '

debtor's sons, i.e. to the great-grandsons of the debtor, and that the
term 'the fourth descendant' signifies the fourth in descent from
the debtor's sons, i.e. the fifth in descent from the debtor himself
This assumption, he says, is necessary in order to reconcile the
present rule with the statements ofall other legislators, and with

Narada's own Vishwu VI, 27, 28 Ya^;7avalkya II, 50.


rule (par. 6). ;

5. A. uses this paragraph in support of his theory that the obli-


gation to pay the debts of an ancestor extends to the fourth in
descent. As the great-grandson has to discharge 'the debt to
superior beings,' i.e. as he has to offer the customary 6'raddhas
he
to his great-grandfather, so is liable for debts contracted by him,
which have not been repaid.
I, 6. DEBTS. 43

Three deceased (ancestors) must be worshipped,


6.

three must be reverenced before the rest. These

6. Three deceased ancestors, i.e. the father, grandfather, and


great-grandfather, may claim the discharge of their terrestrial and
from the fourth in descent. This rule is illustrated
celestial liabilities

by the history of an action which was brought before a court in


Patna. A merchant of the Brahman caste, by the name of Aidhara,
had lent the whole of his wealth, consisting of io,ooo drammas
(drachmas), which he had gained through great labour, to a trader,
by the name of Devadhara, on condition that interest amounting to
two per cent, per mensem of the principal stock should be paid to
him. The interest was duly paid to A-idhara at the end of the
first month. In the second month, however, Devadhara met his
death through an accident. His son died of an attack of cholera.
Devadhara's great-grandson alone was left. His name was Mahi-
dhara. As he was addicted to licentious courses, the management
of the estate was undertaken by his sons and maternal uncles.
They got into the hands of a cunning Brahman called Smarta-
durdhara, who advised them not
pay a single rupee to ^Sridhara,
to
as he was able to prove from the law-books that he had no claim to
the money. The uncles of Mahidhara, much pleased with this piece
of advice, promised to give i,ooo drammas to the Brahman if they
need not pay the money Thus, when at the close of
to 6'ridhara.
the second month, the unclesand guardians of Devadhara's great-
grandson, Mahidhara, were asked by ^ridhara to pay 200 drammas,
being the amount of interest due on the sum lent to Devadhara,
they refused payment. They said :
'
We do not owe you the prin-
cipal, much less any amount of The Brahman Smarta-
interest.

durdhara has pointed out to us that the obligation to pay stops with
the fourth in descent,' A'idhara was struck dumb with grief and
terror on hearing this announcement made to him. \Mien he had
regained his senses, he repaired to the court of justice, attended by
his family, friends, andand impeached INIahidhara, together
servants,
Both parties took sureties.
wath his uncles, for their dishonesty.
The uncles of Mahidhara engaged Smartadurdhara to plead for
them. After pretending his clients to be connected with his family
by a friendship of long standing, he went on to refer to a text of
Narada (above, par, 4), as proving that the obligation to pay the
debts of ancestors stops with the fourth in descent. All his argu-
ments, however, were refuted, and held out to derision by a learned
44 NARADA. I, 7.

three ancestors of a man may claim the discharge


of their twofold debt from the fourth in descent.
'"'
7. If a man pay on demand what had
fails to

been borrowed or promised by him, that sum (to-


gether with the interest) goes on growing till it
amounts to a hundred krores ( = one milliard).
* 8. A hundred krores having been completed, he

is born again, in every successive existence, in his

(creditor's) house as his slave, in order to repay the


debt (by his labour).
'"'
9. If an ascetic or an Agnihotri dies without

Brahman, by the name of Smarta^ekhara, who, at the end of his


address, charged him openly with having taken a bribe from his
clients. The consequence was that Mahidhara and his uncles lost
their cause. A. I have quoted this story in full, because it presents
a vivid picture of the way in which judicial proceedings used to be
transacted in ancient India. The doctrine which the story is in-
tended to illustrate, viz. that the liability to pay debts contracted by
an ancestor extends to the great-grandson, is opposed to the teach-
ing of such an eminent authority as Vi^wanejvara, who maintains in
the Mitakshara that the great-grandson is not liable for debts
contracted by his great-grandfather, and, conversely, that he does
not inherit his property. See the author's Tagore Law Lectures
(Calcutta, 1885). The same opinion was apparently held by the
author of the Narada-smmi, as may be gathered from par. 4, and
by other Smr/ti writers. It appears quite probable that the present
paragraph, which is not quoted in any of the standard compilations
on civil law, may have been inserted by the author of the com-
mentary, who wanted to make the contents of the Narada-smrz'ti
agree with his personal views. The shorter recension and the
quotations, instead of the present paragraph, exhibit another para-
graph, in which the obligation of the son only to release his father
from debt is inculcated.
7. This paragraph has been translated according to the explana-
tion given in Viramitrodaya, p. 358.

9. The ample heavenly reward due to an Agnihotri, i.e. one


who has kept the three sacred fires from the date of his birth, or
who has practised austerities without interruption, shall belong to
the creditor, and not to the debtor. A.
I, 13. DEBTS. 45

having discharged his debt, the whole merit col-


lected by his austerities and by his Agnihotra belongs
to his creditors.
A father must not pay the debt of his son,
* 10.

but a son must pay a debt contracted by his father, ex-


cepting those debts which have been contracted from
love, anger, for spirituous liquor, games, or bailments.
* 1 1. Such debts of a son as have been contracted
by him by his father's order, or for the maintenance
of the family, or in a precarious situation, must be
paid by the father.
* 12. What has been spent for the household by
a pupil, apprentice, slave, woman, menial, or agent,
must be paid by the head of the household.
13. When the debtor is dead, and the expense
has been incurred for the benefit of the family, the
debt must be repaid by his relations, even though
they be separated from him in interests.

10, 1 1. A debt contracted by one blinded by love, or incensed by


wrath against his own son, or in an outrageous state of intoxica-
tion, or mad with gambling, or who has become surety for another,
must not be paid by the son. If, however, a debt has been con-
tracted, even by the son, for the benefit of the household, or in a
dangerous situation, it is binding on the father. A. According to
Katyayana, a debt contracted from love is a promise made to a
dissolute woman, and a debt contracted from anger is a reward
promised by an angry man to a ruffian for injuring the person or
estate of his enemy. '
A debt contracted in a precarious situation,'
i. e. a debt contracted in danger of life. A. Ya^?Tavalkya II, 45,
46, 47; Vish;2u VI, 33, 39.
12. 'A pupil,' one engaged in studying science. 'An appren-
tice,' a pupil who resides with his preceptor for a certain fixed
period. '
A slave,' whether born in the house or purchased. A.
Vish«u VI, 39.
13. Where the debtor has gone abroad and met his death
through illness, or accident, the debtor may claim his due from his
relatives, should they even be separated in interests. A.
46 NARADA. T, M.

* 14. The father, uncle, or eldest brother having


gone abroad, the son, (or nephew, or younger brother)
is not bound to pay his debt before the lapse of

twenty years.
* 15.
Every single coparcener is liable for debts
contracted by another coparcener, if they were con-
tracted while the coparceners were alive and unsepa-
rated. But after their death the son of one is not
bound to pay the debt of another.
* 16. The wife must not pay a debt contracted by

her husband, nor one contracted by her son, except


if it had been promised by her, or contracted in

common with her husband.


* 1 7. A and one who has been en-
sonless widow,
joined by her dying husband (to pay his debt), must

pay it. Or (it must be paid) by him who inherits the

14. Necessary debts, such as those enumerated in paragraph 11,


must be paid at once by the other family members. Where, how-
ever, the father, uncle, or eldest brother resides abroad, and is
known to be alive, the son, &c, need not pay his debt till after the

lapse of twenty years. A. Vishwu VI, 2 7 ; Ya^navalkya II, 50.


15. After the death of those who have contracted the debt
jointly, the son of one is not bound to pay the debt of another
than his father. His liability does not extend beyond his father's
A. Vish«u VI, 34 Ya^fiavalkya II, 45.
share of the debt. ;

16. A woman need not pay a debt contracted by her son, unless
she has promised herself to repay it. Similarly, she is not bound

to pay a debt contracted by her husband, unless she should have


contracted it jointly with him, or if he should have enjoined her on

his deathbed to pay his debts, or if she has inherited his property.
A. Vish;/u VI, 31, 38; Ya^g-navalkya II, 46, 49.
17. A widowed woman who has no son is bound to pay the
debt of her husband, if he has commissioned her to do so on his
deathbed, or if his property has escheated to her. If she is unfit

to take the estate, her husband's debt must be repaid by those who
have inherited the estate. The property and the liabilities go
together. A. Vish;m VI, 29 ; Ya^jlavalkya II, 51, &c.
T, 21. DEBTS. 47

estate. (For) the liability for the debts goes together


with the right of succession.
1 8. * A
debt contracted by the wife shall never
bind the husband, unless it had been contracted at
a time when the husband was in distress. House-
hold expenses are indispensably necessary.
19. The wives of washermen, huntsmen, cow-
^'*

herds, and distillers of spirituous liquor are exempt


from this rule. The income of these men depends
on their wives, and the household expenses have
also to be defrayed by the wives.
* 20. If a woman who
has a son forsakes her son
and goes to live with another man, that man shall
take her (separate) property. If she has no property
of her own, her son (shall take the property of her
husband).
*2i. If, however, a woman repairs to another

18. A debt contracted by the wife, for the purpose of saving


from husband, son, daughter, or other family members,
distress her
must be discharged by the family head. A. Vish;m VI, 32, &c.
19. Ya^wavalkya II, 48; Vish«u VI, 37.
20. If a widow who has a son, Winded by love forsakes her
son and betakes herself to another husband, taking her Stridhana
(separate property) with her, the Stridhana shall belong to her
second husband, and not to her sons. If, however, a woman who
has no separate property goes to live with another man and takes
her first husband's property with her, it shall not belong to the
second husband. It shall escheat to her son by the first husband.

A. This interpretation has been followed in the text. It is hardly


reasonable, however, to explain the term dravya, in the first

instance, as denoting and then again, as denoting


Stridhana,
property inherited from the husband. It would seem that the

reading adopted by Asahaya is erroneous. The Viramitrodaya


and other compilations read rm;xm for dravyawz, (the son) must '

pay the whole debt, if she has no property of her own.' Vish«u VI,
30 ; Ya^Tlavalkya II, 51.

21. If a widow who has a young son takes her deceased hus-
48 NARADA. 1, 22.

man, carrying her riches and offspring with her,


that man must pay the debt contracted by her
husband, or he must abandon her.
* 22. He who has intercourse with the wife of

a dead man who has neither wealth nor a son, shall


have to pay the debt of her husband, because she is
considered as his property.
* 23. Among these three, the heir of the wealth,
the protector of the widow, and the son, he is liable

for the debts who takes the wealth. The son is

liable, on failure of a (protector of the) widow and

of an heir the protector of the widow, on failure of


;

an heir and of a son.


* 24. Debts contracted by the husbands of the last

band's property and goes to live with another man, the latter is

bound to pay the debts contracted by her first 'husband. His


conduct is unimpeachable, likewise, if he lets her go, she taking
the whole of her property with her. A.
This rule contains the answer to the question Who is liable
23. :

for the debts of a deceased person, whose property has been taken
by his heirs, whilst his wife through poverty has acceded to another
man, and whilst his son remains both penniless and deprived of
the protection of his mother? The decision is as follows. Between
those three, the heir of the wealth and no other is liable for the

debt. Where, however, there owing to the want of


is no heir,

assets, there the son no widow


is liable, if there isand the widow's ;

husband, if there is no son. The respective Hability of the son and


of the taker of the widow depends on the circumstances of the case.
If the widow is a young and handsome woman of high origin, her
second husband has to discharge the debt of her first husband,
according to the maxim that she is considered as his property (see
above, paragraph 22). If, however, she is kept Hke a handmaid
and receives a mere Hvelihood from the man who has taken her,
the son is bound to pay the debt. A. Ya^wavalkya II, 51.
24. The term uttama 'the first,' besides its ordinary meaning,
conveys a secondary meaning. It implies that when any of the
seven Svairiwis and Punarbhfis happens to be specially handsome or
I, 28. DEBTS. 49

Svairi;/! and of the first Punarbh<i, must be paid by


him who lives with them.
25. A wife, a daughter-in-law, a woman entitled
to maintenance, and the attendants of the wife by :

these have debts to be paid, as also by one who lives


on the produce of land (inherited from the debtor).
[If among such brothers as have come to a division
and are separate in wives, affairs, and wealth, one
should die without leaving issue, his wife inherits
his wealth.]

2, Valid and Invalid Transactions.


The sages
26. declare that the transactions of
a woman have no validity, especially the gift, hypo-
thecation, or sale of a house or field.
27. Such transactions are valid when they are
sanctioned by the husband ; or, on failure of the
husband, by the son ; or, on failure of husband and
son, by the king.
* 28. What has been given to a wife by her loving

gifted, her second husband is bound to pay the debts contracted by


the first. A. This, no doubt, is a highly artificial interpretation.
A definition of the seven Punarbhus and Svairiwis is given further
on, XII, 46-53. A. refers to XII, 48 and 52. However, the
meaning of the term the first Punarbhu is defined in XII, 46. The
' '

Mitakshara (p. 77) and Viramitrodaya (p. 347) explain the term
'
the last of the Svairi?zis ' as referring to one who, overwhelmed
with distress, delivers herself to another man. See XII, 51, and
note.
25 b. This paragraph, which contains a rule relative to the law
of inheritance, seems to be a marginal gloss, which has somehow
crept into the text by mistake.
28. ' Immovables,' such as houses, fields, and the like. A.
This rule is frequently quoted in the mediaeval and modern com-
pilations on the law of inheritance, as indicating the extent of a
woman's power over her property.

[33] E
50 NARADA. 1, 29.

husband, that she may spend or give away as she


Hkes after his death even, excepting immovables.
* 29. In the same way the transactions of a slave
are declared invalid, unless they have been sanctioned
by his master. A slave is not his own master.
* 30. If a son has transacted any business without
authorization from his father, it is also declared an

invalid transaction. A slave and a son are equal


in that respect.

*3i. A youth who, though independent, has not


yet arrived at years of discretion, is not capable of

contracting valid debts. (Real) independence belongs


to the eldest son (only) ;
(the right of) seniority is

based on both capacity and age.


* 32. Three persons are independent in this

world : a king, a spiritual teacher, and in all castes


successively a householder in his own household.
* 33. All subjects are dependent ; the ruler of the
country is independent ; a student is pronounced to

be dependent ; independence belongs to the teacher.

30. A son who has not come to a partition of the family estate
with his father, continues dependent on him till the father dies. A.

31. This rule constitutes an exception to the general indepen-

dence of the son after the death of his father. During the period
of his minority, he is unable to contract a valid debt. A. The
rule that seniority is based both on capacity and age, is cer-
tainly remarkable. It is, however, in accordance with the view
enounced further on (XIII, 5) by Narada, that the management
of the family property may be undertaken by the youngest
brother even, if capable, because the prosperity of a family
depends on ability.

32. The king is independent of his subjects. A teacher is

independent of his pupils. The head of a household is independent


of his family and attendants. A.
These two paragraphs are intended to show the respective
33. 34.
dependence and independence of wives, sons, householders, &c. A.
;

I, 38. DEBTS ; INVALID TRANSACTIONS. 5 I

* 34.
Wives, sons, slaves and other attendants
are dependent. The head of the family, to whom
the property has descended by right of inheritance,
is independent with regard to it.

35, A child is comparable to an embryo up to


*
v5

his eighth year. A youth, who has not yet reached


the age of sixteen, is called Fog3.nda..
* 36. Afterwards he is no longer a minor and
independent, in case his parents are dead. While
they are alive he can never acquire independence,
even though he may have reached a mature age.
* ^y. Of the two (parents), the father has the
greater authority, because the seed is superior (to
the womb) ; on failure of the begetter, the mother
on failure of the mother, the eldest son.
* ^S. All these persons are independent at all

times of those who depend on others. They have

34. Colebrooke (Dig. II, 4, 15) has translated a different reading


of paragraph 34, thus, '
A householder is not uncontrolled in

regard to what has descended from an ancestor.' See, as to the


distinction between inherited and self-acquired wealth, Ya^Tla-
valkya II, 121.
35. '
Comparable to an embryo '
is one who is not yet allowed
to perform purificatory and other rites. From his eighth year
onwards a boy may perform purificatory ceremonies and commence
sacred study. He is called Poga;/fl'a (a young man), because he is

not yet capable of transacting legal business. A. This rule ot

Narada has become the foundation of the modern law regarding


the duration of minority. A controversy has recently arisen as to
whether minority terminates at the end or at the beginning of the
sixteenth year. Most, if not all, Indian writers seem to agree in
taking the latter view. A. seems to be of the same opinion, though
he does not express himself very clearly.
36. He remains dependent during the lifetime of his parents,

i.e. if he continues to live in union of interests with them. A.


38. 'Coercion,' i.e. punishment or beating; 'relinquishment,'
i.e. renouncing. A.
E 2
52 nArada. 1,39.

authority in regard to coercion, the reUnquIshment


and the sale (of property).
* 39. If a boy or one who possesses no indepen-
dence transacts anything, it is declared an invalid
transaction by persons acquainted with the law.
* 40. That also which an independent person

does, who has lost the control over his actions, is

declared an invalid transaction, on account of his


want of (real) independence.
''41. have lost the control
Those are declared to
over their actions who are actuated by love or anger,
or tormented (by an illness), or oppressed by fear or
misfortune, or biassed by friendship or hatred.
42. That is declared a valid transaction which is
done by the senior or head of a family and by one
who has not lost the control over his actions. That
is not valid which has been transacted by one who

does not enjoy independence.

3. Property.

43. All transactions depend on wealth. In order


to acquire it, exertion is necessary. To preserve it,

39. Both what a minor does, and the transactions of one grown
up but dependent on others, as e.g. of a slave, are declared invalid
by those conversant with law. A.
40. One who has lost the control over his actions,' i.e. one
'

whose natural disposition has been perverted, owing to possession


by a demon, or to his addiction to gambling or other vicious
propensities. A.
42. Here ends the second section of the law of debt, which
treats of valid and invalid transactions. A.
43. '
All transactions,' whether originating in virtue, interest, or
love. The rule regarding the acquisition (and enjoyment) of
wealth is said to be threefold : protection against bipeds, quadrupeds.
1,47' debts; property. 53

to increase it, and to enjoy it these are, successively, :

the three sorts of activity in regard to wealth.


44. Again, wealth is of three kinds : white, spotted,
and black. Each of these (three) kinds has seven
subdivisions.
*45. White wealth is (of the following seven
sorts) : what
acquired by sacred knowledge, valour
is

in arms, the practice of austerities, with a maiden,


through (instructing) a pupil, by sacrificing, and by
inheritance. The
gain to be derived from exerting
oneself to acquire it is of the same description.
'''46. Spotted wealth is (of the following seven

sorts) : what is acquired by lending money at in-


commerce, in the shape of 6^ulka, by
terest, tillage,

artisticperformances, by servile attendance, or as


a return for a benefit conferred on some one.
*47. Black wealth is (of the following seven

&c.; increase, through agriculture, lending at interest, trading, and


other modes of acquisition ; enjoyment of terrestrial and celestial
pleasures. A.
44-54. Vish;m, chapter LVIII.
45. 'What is acquired by sacred knowledge,' i.e. the gains of
sacred study. What is gained by '
the practice of austerities,' i. e.

by one who duly performs greater and minor observances, optional


and regular rites, and on whom worthy people bestow alms for
that reason. What is received 'with a maiden,' i.e. as her marriage
portion. The fruit derived from relinquishing white property is of
the same kind, e. it is pure likewise. Thus A.
i.

46. ' Commerce,' the sale of merchandise. '


6'ulka,' the price
obtained for giving a damsel in marriage, whether the transaction
be lawful or otherwise. Artistic performances,' the art of painting
'

or another art. '


Servile attendance,' waiting upon, and paying
homage to, another man. Wealth obtained by one of these seven
modes is called spotted, i.e. of a middling kind. A. Others explain
the ambiguous term 6'ulka differently, as denoting tolls, or a fare
for crossing a river, &c.

47. 'Gambling,' with dice or otherwise. 'One aflflicted with


54 NARADA. 1,48.

sorts) : what is acquired as a bribe, by gambling,


by bearing a message, through one afflicted with
pain, by forgery, by robbery, or by fraud.
48. It is in wealth that purchase, sale, gift, receipt,

transactions of every kind, and enjoyment, have


their source.

49. Of whatever description the property may be,


with which a man performs any transaction, of the
same description will the fruit be which he derives
from it in the next world and in this.

50. Wealth is again declared to be of twelve sorts,


according to the caste of the acquirer. Those modes
of acquisition, which are common to all castes, are
threefold. The others are said to be ninefold.
5 I . Property obtained by inheritance, gifts made
from love, and what has been obtained with a wife
(as her dowry), these are the three sorts of pure
wealth, for all (castes) without distinction.
52. The pure wealth peculiar to a Brahman is

pain,' one pained by an attack of disease. '


Forging,' falsification,
of gold, silver, or other metals. '
Robbery,' such as theft. '
Fraud,'
deception. What has been acquired by one of these seven kinds
is called '
black wealth,' i.e. wealth of the lowest kind. A,
48. From these three kinds of wealth, with their twenty-one
subdivisions, spring all the various kinds of transactions, and all

kinds of enjoyment. A.
49. The difference between this and the previous classification
of the divers modes of acquisition seems to lie in this, that the one
system of classification is solely based on the respective legitimacy
or illegitimacy of each mode of acquisition, whereas the diversity
of caste represents the principle of classification in the other
system. It should be borne in mind that an occupation, according
to Indian notions, may be perfectly lawful for one caste, though it

is unlawful for all others.


52-54. INIanu I, 88-91, X, 74-80; Ya^wavalkya II, 118-120;
Vish;m II, 4-14 Apastamba I, i, i, 5-6 Gautama X, 2, 7, 49, 56 ;
; ;

Vasish///a II, 13-20; Baudhayana 1, 18, 1-5.


1,56. DEBTS; PROPERTY. 55

declared to be threefold what has been obtained


:

as alms, by sacrificing, and through (instructing) a


pupil.

53. The pure wealth peculiar to a Kshatriya is of


three sorts likewise : what has been obtained in the
shape of taxes, by fighting, and by means of the fines
declared in lawsuits,
54. The
pure wealth peculiar to a Vaii^ya is also
declared to be threefold: (what has been acquired)
by by tending cows, and by commerce. For
tillage,

a ^'udra it consists of what is given to him by the


members of the three his/her castes.
55. These are the legitimate modes of acquisition
of wealth for all the (four) castes severally. If one
caste should take to the occupations of another caste,
it is a criminal proceeding, except in extreme cases
of distress.

4. Means of Livelihood for a Brahman in


Times of Distress.

56. In times of distress, a Brahman is allowed to


gain his substance in the mode prescribed for the
caste next to him in rank ; or he may gain his sub-
stance like a Vai^ya. But he must never resort to

55. Here ends the section of the divers kinds of wealth in the
law of debt. A.
56. '
The class next to him in rank,' i.e. the Kshatriya or warrior
caste. If he should find himself unable to support his family by
the mode of livelihood of his own caste, he may gain his substance
like a Kshatriya. At the time of a drought or famine, he may
gain his substance like a Vaijya even. '
The lowest caste,' i. e.

the SMva. caste. A. Manu X, 81, 82; Vish;m II, 15; Yagi~ia-

valkya III, 35 ; Gautama VII, 6, 7 ;


Baudhayana II, 4, 16, &c.
56 NARADA. 1,57.

the mode of livelihood prescribed for a member of


the lowest caste.
At no time must a Brahman
57. follow the occu-
pations of a man of vile caste, or a vile man the
occupations of a Brahman. In either case, expul-
sion from caste would be the immediate conse-
quence.
'"
58. For neither of them are such occupations
permitted as are either far above or far below their
own rank. Those two occupations are lawful for them
which lie between these two extremes; for the)'^ are
common to all (castes).

59. When a Brahman has lived through the times


of distress, with the wealth acquired by following
the occupations of a Kshatriya, he must perform
a penance and relinquish the occupations of a
Kshatriya.
60. When, however, a Brahman takes delight in
those occupations and persists in them, he is de-
clared a Ka/^^T^apr/sh/Z/a (professional soldier) and
must be expelled from society, because he has
swerved from the path of duty.

57. By the term 'a vile man,' a member of the ..9udra caste is

referred to. The occupations of such a man, i.e. the acceptance


of food from everybody and the sale of all sorts of commodities,
must never be resorted to by a Brahman, even in times of distress.
And so must a -S'udra avoid the occupation of a Brahman, such as
wearing the sacred thread, study of the Vedas, pronouncing sacred
benedictions, offering burnt-oblations, and the rest. A.
58. ' Such occupations as are either far above or far below their
own rank,' i.e. the occupations of a Brahman and of a 6"udra
respectively. 'Those two occupations,' i.e. those peculiar to the
Kshatriya and Vaijya. A. hitva seems a faulty reading (for hite).

59. Ya^riavalkya III, 35.


60. ' Ejected from society,' i. e. he must not be admitted to
obsequial repasts and other rehgious ceremonies. A.
1,65. debts; modes of subsistence. 57

61. When a Brahman is Hving by the occupations


of a Vaii'ya, he must never sell milk, sour milk,
clarified butter, honey, beeswax, lac, pungent condi-
ments, liquids used for flavouring, spirituous liquor,
62. Meat, boiled rice, sesamum, linen, the juice of
the Soma plant, flowers, fruit, precious stones, men,
poison, weapons, water, salt, cakes, plants,
63. Garments, silk, skins, bone, blankets made of
the hair of the mountain-goat, animals whose foot is

not cloven, earthen pots, buttermilk, hair, dregs,


vegetables, fresh ginger, and herbs.
64. A Brahman may sell dry wood and (dry)
grass, excepting fragrant substances, Eraka grass,
ratan, mulberry, roots, and Kui-a grass.

65. (He may sell) twigs of bamboo that have fallen


spontaneously, of fruits, the fruits of the jujube tree.

61-66. Manu X, 85-90; Y%«avalkya III, 36-39; Gautama


VII, 8-22; Vasish//za II, 24-31; Apastamba I, 7, 20, 11 foil.

61.'Pungent condiments,' such as sugar. 'Liquids,' such as


clarified butter and oil. A.

62. A. explains the term Soma, 'the juice of the Soma plant,'
which is offered to the gods at a sacrifice, as denoting sacrificial
implements generally; 'men,' i.e. servants; 'plants/ i.e. shrubs,
creeping plants, and others. A.
63. 'Blankets,' i.e. what is made of wool. 'Animals whose
foot is not cloven,' i.e. whole-hoofed animals, such as horses.
'
Dregs,' i. e. the deposit of oil. Vegetables,' i.e. fresh pot-herbs. A.
'

64. 'Fragrant substances,' such as the fragrant root of the

plant Andropogon Muricatus, Balaka, the root of the Musta grass,


and others. A. If the reading of a single MS. be followed, the

sale of the articles enumerated in pars. 64 and 65 is also prohibited

for a Brahman. Several of these articles are included among those


substances the sale of which is prohibited by other legislators. See
Manu X, 86-89; Ya^«avalkya III, 36-39. However, the reading
translated above is distinctly supported by the Commentary of
Asahaya, and by the analogous rules of Vasish//^a.
58 NARADA. 1,66.

and of the Iriguda plant, ropes, and thread of cotton,


if Its shape has not been altered (by working it up).

66. If it is for a medicament used to cure a


disease, or for an offering, or if necessity can be
shown, he may sell sesamum for a corresponding
quantity of grain.
67. A Brahman who swerves from the path of
duty by selling prohibited articles, must be reminded
of his duty by the king by inflicting a severe chas-
tisement on him.

5. Modes of Proof.
* 68. Those invested with legal authority must
pay strict attention to the (various) modes of proof.

That even which is provable fails to be proved, if


the (prescribed) modes of proof are not attended to,
69. Documents, witnesses, and possession are the
traditional three means of proof, by which a creditor
endeavouring to recover his loan may obtain what
he has lent.

70. If the Creator had not created writing as an

69. The term pramawa, which has been translated ' means of
proof,' is both a philosophical and a law term. A. explains it

etymologically, as denoting anything which may be known or


discerned accurately. Thus, what is counted or reckoned, may
be known by figures. What is capable of measurement, may be
known by its measure. Similarly, where a lawsuit is pending, the
truth may be known by having recourse to one of the ordinary
modes of proof, viz. documents, witnesses, possession, and ordeals.
Therefore, these means of proof should be duly applied by holy
men, kings, and assessors of the court, and others endowed with
legal authority, because that which is doubtful cannot be proved
otherwise.
70. The term 'documents' in this section seems to relate princi-

pally to the well-known land grants which have been found in many
I, 75. DEBTS ; DOCUMENTS. 59

excellent eye (as it were), the affairs of this whole


world would not take their proper course.
71. Writing is an excellent eye (as it were), because
it solves all doubts which may have arisen in regard
to place, time, profit, matter, quantity, or stipulated
period.
72. He who, having received a chattel in a certain
deny the fact, is liable to be confronted
place, tries to
with witnesses and convicted, difficult as it may be
to prove his guilt.

"]'\,. A document is subject to many blemishes ;

witnesses are neither exempt from old age nor from


death possession, which has been continually held,
;

is the only sure mode of proof, as it is not connected


with any material object (liable to decay).
74. Thus have these three modes of proof been
declared,by means of which a creditor may recover
an outstanding debt, which has not been paid to
him and called into doubt (by the debtor).
75. A document is valid at all times witnesses ;

(may give valid evidence) as long as they live ;

possession acquires legal validity through the lapse


of a certain period. This is a legal maxim.

parts of India. Ya^?iavalkya II, 22; Vish/m VI, 23; Vasish//za


XVI, 10.

75. Witnesses can give evidence while they live only,


whereas a
document which has been carefully preserved, remains evidence
even death of the creditor, debtor, and witnesses, and is
after the

capable of substantiating a claim raised by the son, grandson, great-


grandson, or more remote descendant of the original owner. On
the other hand, even after a lapse of time, i.e. when four or five

generations have passed away, and an immeasurable period has


elapsed, a creditor may recover his loan by dint of uninterrupted
possession. 'This is a legal maxim,' i.e. this is the relative value

of the divers kinds of proof. A.


6o NARADA. I, 76.

76. Of tile three modes of proof here enumerated


in order, each previous one is superior to the one
named after it ; but possession is the most decisive
of all.
'"
77. Though a document be in existence and
witnesses living, that is no (true) property of which
possession is not actually held. This is specially

true as regards immovables.


"^
yS. If a man is foolish enough to allow his goods
tobe enjoyed by strangers in his own eyesight, they
shall belong to the possessor, even in the presence
and during the lifetime of the rightful owner.
* 79. Whatever the owner looking on quietly

suffers to be enjoyed by strangers for ten years,

76. The apparent contradiction between the first and second


parts of this paragraph is thus removed by A. : 'Possession of
immovables without a title does not create proprietary right, as
stated in par, 84. Therefore, the possessor of landed property
becomes its lawful owner, if his right or title is established by
witnesses, but not otherwise. Thus far possession is more im-
portant than witnesses. In the same way documents with a title
are superior to witnesses, and possession with a title is superior

to witnesses, documents, and ordeals.'


77. is intended to show the weakness of proof
This paragraph
by witnesses or documents, where it is not accompanied by posses-
sion. Generally speaking, any of the three kinds of proof is invalid,
where it is not accompanied by one of the other kinds. A. Ya^Tia-
valkya II, 27; ManuVIII, 200.
78. If a man suffers his movable or immovable property to be
enjoyed by another, the latter will become its lawful owner after

the lapse of a long period,no matter whether it has been bestowed


on him through affection, or forcibly seized by him, or abandoned
by its previous owner. A.
79. Where, however, the owner, though unable to
recover his
property, owing to special reasons, proffers his claim to it every

day, or every month, or every year, it is not lost to him, even after
the lapse of a longer period than ten years. A. Identical with

ManuVIII, 147.
1

1,83. debts; possession. 6

though he is present, that cannot be recovered by


him.
'""
80. If he is neither an idiot nor a minor, and
the enjoyment takes place before his eyes, his right
to it is extinct by law, and the possessor is allowed

to keep it.
*8i. A pledge; a boundary; the property of a
child; an open deposit, an Upanidhi deposit; women;
and what belongs to the king or to a learned Brah-
man, none (of these descriptions of property) is lost
(to the owner) by adverse possession.
82. Pledges and the rest, excepting the property
of a woman and of the king, are however lost to the
owner if they have been enjoyed in his presence for
twenty years.

80. '
If he is not an idiot,' nor aflflicted by a chronic or agonising
disease, nor dumb, blind, or deaf. A. Identical with Manu VIII,
148.
81. 'The property of children' is not lost, though it has been
enjoyed for a long time by their guardian. '
An Upanidhi deposit,'

i.e. a valuable article which has been delivered under cover to


another person. '
A woman,' one who has been delivered to a

stranger as a deposit, and enjoyed by him. '


The property of a
king,' i.e. land. '
The property of a learned Brahman,' i.e. cows.
A. Kulluka, in commenting on the identical verse of Manu, refers
the term 'woman' to 'female slaves,' &c. The rules laid down in

pars. 79-81, which recur literally in the code of Manu, seem to

belong to an older order of ideas than those contained in pars. 84


foil. It may be presumed that the harsh law under which adverse

possession of ten years' standing was constituted a source of pro-


was mitigated at a subsequent period, and has been
prietary right,
inserted here as a sort of historical reminiscence only. According
to BnTiaspati, thirty years is the ordinary period of prescription.
Identical with I\Ianu VIII, 149; Vasish/Z/a XVI, 18.

82. In this paragraph, as in the preceding one, the term a king's


'

property' is referred to landed property by A. The correctness of

this interpretation seems questionable.


62 NARADA. 1,83.

"
82,. The property of a woman and of a king is

never lost (to the owner), should it even have been


enjoyed for hundreds of years without a title (by
strangers).
84. Where there is enjoyment, but no title of any
sort, there a title is required in order to produce
proprietary right. Possession is not sufficient to
create proprietary right in that case.
* 85. A clear title having been produced, posses-
sion acquires validity. Possession without a clear
tide does not make evidence (of ownership).
*86, He who can only plead possession, without
beine able to adduce any title, has to be considered as
a thief, in consequence of his pleading such illegiti-
mate possession.
* 87. He who enjoys without a title for ever so
many hundred years, the ruler of the land should
inflict on that sinful man the punishment ordained
for a thief.
* 88. If a man holds the property of a stranger
without a title, it is not legitimate enjoyment. How-
ever, after the death of the occupant, it may be en-
joyed legitimately by his descendants.
* 89. In cases falling within the memory of man.

88. While the possessor is alive, the property which he is enjoying


without a title cannot become his. The owner may claim it at any
time. When, however, the possessor dies, unmolested by the owner,

the property continues to be enjoyed by his heirs. Therefore, the


owner should not fail to assert his own right. A.
The jNIitakshara explains the term what falls within the
89.
'

memory of man' as denoting a period of 100 years, in accordance


with a text from the Veda, The life of men extends over a hundred
'

years.' If this explanation be correct, the present rule agrees in


substance with the rule laid down in 89 b and 91, a period of a
hundred years being about equal in duration to three lives. It is
I, 92. DEBTS ; POSSESSION. 63

possession with a title creates ownership. In cases


extending beyond the memory of man, and on faihire
of documents, the hereditary succession of three
ancestors (has the same effect).
* 90. If the occupant is impeached (by the legiti-

mate owner), he cannot escape defeat (without refut-


ing the charge). That possession only can create
proprietary right, which has been legitimately in-
herited from the father.
*9i. When possession has been successively held,
even unlawfully, by the three ancestors of the father
(of the present possessor), the property cannot be
taken away from him, because it has gone through
three lives in order.
* 92. What has been deposited with a third person
to be delivered ultimately to the owner (Anvahita),
stolen goods, ordinary deposits, what is held by
force, loans for use, and what is being enjoyed during
the absence of the owner, these are six (things pos-
sessed) without a title.

true that another legislator, Vyasa, mentions sixty years as the dura-
tion of continued possession extending over three generations.
90. If the owner claims his own property from the possessor,
the former has to make good his claim. That enjoyment, how-
ever, which has passed from the father to the sons by right of
inheritance, constitutes a legal title for them. A. Ya^iiavalkya
II, 28.

91. If the great-great-grandfather has held possession, be it even


without a title, of a certain thing, and if it has been enjoyed, after
his death, by the great-grandfather and by the grandfather, it cannot
be claimed from the father by any one. Vish?m V, 187.
92. The term Anvahita is usually explained, like Anvadhi, as
denoting what has been deposited with a third person to be delivered
ultimately to the ow^ner. A., however, explains Anvahita as denoting
a valuable object received from another in exchange for a worthless
article.
64 NARADA. 1, 93-

*
93. If a litigant dies before a lawsuit (regarding
property enjoyed by him) has been decided, the son
is required to prove his title. The enjoyment is not
legitimate (otherwise).
* 94. After death of a creditor, witnesses,
the
though available, cannot give valid evidence, except
if a statement made by the creditor
himself on his
deathbed (has been preserved).
95. After the death of the
defendant, the deposi-
tion of witnesses ceases to make evidence. An
attested document retains its validity during his life-

time only.
* 96. Where a pious act is announced by a diseased

93. Supposing a man were to have obtained possession of the


property of a stranger by one of the previously mentioned
illegiti-

mate modes of acquisition, if the rightful owner were to impeach


him for it, and the possessor were to die before the case has
if

been decided, in that case the son would have to substantiate his
claim, and would not be allowed to continue his enjoyment
of the

property without doing so. A. Ya^wavalkya II, 29.

A man says after the death of his creditor, ' I have restored
94.
this or that cow, female buffalo, bull, or field to my creditor certain;

honest men have witnessed the transaction.' Another man says,


'
Your father owes me one hundred drachmas ;
certain persons have

witnessed the transaction.' He dies, however, before his claim has


been examined. In either of these two cases trustworthy witnesses
even are of no avail. If, however, the creditor has stated his claim

before witnesses on his deathbed or if a man has given evidence


;

as witness on his deathbed regarding a certain loan,


about which

the creditor has asked him ; the testimony of the witnesses has to be

considered as valid even after his death. A.

95. 'The defendant,' i.e. the debtor. An attested document is

It loses its validity after his death. A.


valid while he lives only.
96. When a diseased father has stated his intentions regarding a
religious endowment or other matters of this kind during the absence
deposition of the
of his sons, but in the presence of witnesses, the
latter will be valid even after his death. Similarly, when a man
1,98. debts; interest. 65

man, the testimony of the witnesses retains its


validity even after his death. The case is the same
with the six (things possessed without a title), viz. an
Anvahita deposit and the rest.

97. In all transactions relative to a debt or to any


other (among the eighteen titles of law), the last act
is the decisive one. In the case of a gift, a pledge,
or a purchase, the prior act settles the matter.

6. Lending Money at Interest.

* 98. A may be
contract of delivery and receipt
made with a view from Sthana.
to the profit arising
It is called Kusida (lending money at interest), and

money-lenders make a living by it.

during an attack of illness, repents of his former act, and declares


before witnesses that he has deposited with a friend a worthless object
in exchange for a valuable one, and wishes to restore the former ;

or that he has stolen something and wishes to restore it to the

owner ; or that he wishes to restore a deposit, which had been


delivered to him by the owner; or that he intends to make restora-
tion of what he had obtained by forcible means or of a loan for ;

use ; or of what he had been enjoying in secret in any one out of:

these six cases the deposition of the witnesses is valid even after
his death. A. See par. 92 and note.
97. In all the eighteen titles of law, beginning with the law of
debt, the latest act is considered decisive. The law is different in

cases of acceptance, where e.g. a village belongs to him who has


been the first to receive it ; in the case of a pledge or mortgage,
and in the case of a purchase, where the pledge or mortgage, and
the article sold belong likewise to the first taker. A. Nearly
identical with Ya^'-riavalkya II, 23.

98. According to A., Sthana, 'continued abode,' may be three-


fold : relating to the matter, as when profit arises from (the continu-

ance of) victuals remaining well kept in a certain place ; or relating


to one's own abode, as when a dealer derives profit from business
transactions in his own country or relating to a different
; place, as
when a dealer earns money through foreign trade.
[33] F
66 NARADA. I, 99.

* 99.
Let a money-lender take, in addition to the
principal, the interest fixed by Vasisli//za, viz. an
eightieth part of a hundred in every month.
* 100. Two, three, four, or five (in the hundred) is

the legitimate (rate of interest). Let him take as


much in the shape of interest, every month, in the
direct order of the (four) castes.
*ioi. Or let him take two in the hundred, re-

membering the practice of the virtuous. By taking


two in the hundred, he does not commit the crime
of covetousness.
* 102. Interest is declared fourfold in this law-
book : periodical interest ; stipulated interest ; kayika
interest ; and compound interest.
* 103. That which runs by the month is termed

99. Identical with Manu VIII, 140. This rule, which fixes the
rate of interest at ij per cent, by the month, or 15 per cent, per
annum, is actually found in the Dharmasutra of Vasish//m II, 51.
100. Identical with Manu VIII, 142. The meaning is that he

shall take 2 per cent, from a Brahman, 3 per cent, from a Kshatriya,
4 per cent, from a Vaijya, and 5 per cent, from a ^udra. A. It

appears, from the commentaries on the code of INIanu, that the


present rule is applicable in those cases where no security has been
given, whereas the preceding paragraph refers to loans secured by
a pledge.
loi. Identical with Manu VIII, 141. The meaning is that he
shall take 2 per cent, only from honest men, to whatever caste they
may belong. A. In the code of Manu, the present rule precedes
par. 100, instead of following it. The author of the Narada-sm/vti
would seem to have erroneously inverted the original position of
the two verses.
102. Manu VIII, 153; Gautama XII, 34, 35. See, too, Cole-
brooke's Digest I, XXXV-XLV.
103, 104. '
Periodical interest' means monthly interest, at the rate

of from 2 to 5 per cent., according to the caste of the debtor. '


Stipu-
lated interest' is interest at the rate of more than 10 per cent., which
has been promised by the debtor himself in times of great distress.

Kaya means principal. If a Pa«a, or quarter of a Pa«a, has to be


1,107. debts; interest. 67

periodical interest. That interest is termed stipu-


lated interest which has been promised by the debtor
himself.
*I04. Interest at the rate of one Pa;/a or quarter
of a Pa;^a, paid regularly without diminishing the
principal, is denoted kayika interest. Interest upon
interest is called compound interest.
*i05. This is the general rule for interest to be
paid on loans. There are special rules according to
the local usages of the country where the loan has
been made.
* 106.
some countries the loan may grow till
In
twice the amount of the principal has been reached.
In other countries it may grow till it becomes three,
or four, or eight times as large as the principal.
107. The interest on gold, grain, and clothes may
rise till it amounts to two, three, or four times the
principal. On liquids, the interest may become
octuple ; of w^omen and cattle, their offspring (is con-
sidered as the interest).

paid every day, without diminishing the principal, i.e. if the whole
principal has to be restored, though ever so much interest may have
been paid on it, it is called kayika interest. Where interest at the
rate of 5 per cent, per mensem has been paid for twenty months,
it will reach the same amount as the sum originally due, so that the

principal is doubled. After twenty months more it becomes quad-


ruple twenty months later it becomes octuple, and so on.
; This
is called compound interest. A. Br/haspati and Vyasa derive the
term kayika from kaya a body,' and explain that it denotes bodily
'

labour, or the use of a pledged slave.


105. Where local customs obtain, differing from the rules pre-
viously given, they have to be followed. A.
106. 107. IManu Vni, 151 ; Vish;m VI, 11-17 ; Ya^wavalkya II,

39 ; Gautama XII, 36.


107. Gold borrowed at whatsoever rate of interest shall grow till it
becomes double grain, till it becomes treble cloth, till it becomes
; ;

F 2
68 NARADA. I, io8.

* io8. No interest must ever be raised on loans


made from friendship, unless there be an agreement
to the purpose. Without an agreement even, in-
terest accrues on such loans after the lapse of half
a year.
*I09. A loan made from friendship can never
yield any interest, without being reclaimed by the
creditor. If the debtor refuses to restore it on
demand, it shall yield interest at the rate of five
per cent.

7. Usurers.
* I lo. Thus has the rule been declared for the in-

terest to be paid on loans offered through friendship.


If, however, be demanded on grain, at the
interest
rate which has been mentioned, it is termed usury.
* 1 1 1. A Vaii-ya is at liberty to get over a period of

distress by practising usury. A Brahman must never


resort to usury, not even in the extremity of distress.

quadruple ; liquids (and condiments), till they become octuple. The


offspring of pledged females and cattle shall belong to the creditor. A.
1 08. The chattels, which have been mentioned in the preceding
paragraph, if lent in amicable intercourse, shall not yield any interest
before the expiration of six months, without a special stipulation to
that effect. Even without a stipulation to that effect, however, they

shall yield interest after the lapse of six months. A.


109. A loan which is not restored, on demand even, shall yield
interest the rate of 5 per cent, from that day forward, even
at

though six months are not yet over, A.


no. The term karman is sometimes used as an equivalent for

gold. This interpretation has not been followed.


A.
III. Agriculture, the tending of cattle, &c., are lawful occupa-
tions for a Vaii-ya. Lending money at interest is also permitted to
him. Therefore it is said here that a Vaijya may practise usury in
times of distress, whereas a Brahman must not resort to usury even
in times of overwhelming distress. A.
I, 115. RECOVERY OF A DEBT. 69

*ii2. If a debt is due to a (dead) Brahman


creditor, whose must be paid to
issue is Hving, (it

them.) If there be no issue, the king must cause the


debt to be paid to his kinsmen on faihire of kins- ;

men (it must be paid) to his relatives.


*ii3. Where there are neither kinsmen, nor re-
latives, nor distant connexions, it shall be paid to
(other) Brahmans. On failure of such, he must cast
it into the waters.
* 1 14. When a creditor receives payment, he must
give a receipt for it he does not
to the debtor. If
give a receipt, although he has been asked for it, he
shall lose the remainder of the sum due to him.
*ii5. If, though pressed by the debtor, he does
not give an acquittance for the sum paid to him by
the debtor, that sum shall yield interest to the debtor
(henceforth), as (it had done) to the creditor (pre-
viously).

112. Sakulya, 'kinsman,' is derived from kulya, 'a bone,' and


denotes those who have their bones in common (sic), i.e. a father,
a paternal uncle, their sons, and other (agnates). Bandhu, a '

relative,' denotes a mother, a sister, a sister's son, and other


(agnates), A.
113. This paragraph is intended to show the pre-eminence of
the Brahman caste. A.
114. In Colebrooke's Digest (I, 6, 287) the second half of this
paragraph is referred to a refusal on the part of the creditor to
restore themoney, which the debtor had asked him for, on his
refusing to give a receipt.This construction is based on the com-
ment of (ragannatha, but it is not countenanced by the remarks of
Asahaya, and is thoroughly artificial. Ya^ilavalkya II, 93 Vishwu ;

VI, 26.
115. If the creditor fails to receipt the sum which has been
restored to him, on the back of the document, it shall yield interest
to the debtor, in the same way as it had yielded interest to the
creditor previously. A,
70 NARADA. I, ii6.

'"mi 6. On payment of the debt, he must restore


the bond. On faihire of a bond, he must give a
written receipt. Thus the creditor and debtor will
be quits.

8. Sureties.

* 1
1
7. The
guarantee to be oftered to a creditor
may be twofold a surety and a pledge. A docu-
:

ment and (the deposition of) witnesses are the two


modes of proof on which evidence is founded.
*ii8. For appearance, for payment, and for
honesty, these are the three different purposes for
which the three sorts of sureties have been men-
tioned by the sages.
* 1 19. If the debtors fail to discharge the debt, or

11 6. Where the no longer in existence, because it has


bond is

been stolen or destroyed, or met with some calamity, the creditor,


instead of it, shall give a written receipt to the debtor. Here ends
the sixth section of the law of debt, which treats of lending money
at interest and of usurers. A.
1 1 7. A surety and a pledge are the two sorts of guarantee for a

loan on interest. Documents and witnesses are the two kinds of


evidence for each of the four elements, which have to be distin-
guished in the law of debt, viz. the principal, the interest, the surety,
and the pledge. A.
118. A surety for appearance is where the debtor denies the
debt,and is asked to prove his denial in a court. In that case, he
must produce a man, who becomes surety for the debtor's appear-

ance at the time of the trial. A surety for payment is where the
creditor, anxious to obtain a loan, produces one or several sureties,
who are either jointly or severally bound. A surety for honesty is
where the debtor denies having received a certain sum, or declares
that he has restored it to the creditor, and is required thereupon to
produce a surety for his veracity. A. Y%7~iavalkya II, 53; Vishwu
VI, 41.
no. This paragraph is intended to show that the surety for
appearance and the surety for honesty are equally responsible as the
1,122. debts; sureties. 71

if they prove dishonest, the surety (for payment and


for honesty) must pay the debt ; and (somust the
surety for appearance), if he fails to produce the
debtor.
120. When there is a pkiraHty of sureties, they
shall pay each (proportionately), according to agree-
ment. If they were bound severally, the payment
shall be made (by any of them), as the creditor
pleases.
*i2i. Twice as much as the surety, harassed by
the creditor, has given (to the creditor), shall the
debtor pay back to the surety.
122. By the mode consonant with religion, by legal

surety for payment. A. Manu VIII, 158-160; Ya§-rlavalkya II,

53; Vish;m VI, 41.


120. Where a number of sureties have promised each to pay a
certain stipulated share of the debt, in case of the debtor's inability
to discharge it himself, the liability of each surety does not extend
beyond what has been promised by him. Where, however, all the
sureties have declared their joint liability for the
whole debt, the
creditor may enforce payment from any one among them whom he
thinks able to satisfy his demand. A. Ya^?^avalkya 11, 55; Vish;m
VI, 42.
121. When, however, the surety, anxious to obtain twice the
amount of the sum for which he has given security, should pay
the sum to the creditor of his own accord, without being pressed
to do so by the creditor, the debtor shall pay that sum only to him,
and not the double sum. A. Ya^wavalkya II, 56 Vish;/u VI, 43. ;

122. Identical with IManu VIII, 49, According to Asahaya, four


out of the five modes of recovery of a debt are equivalent to the
traditional four means of obtaining success, viz. conciliation, division
(bheda), presents, and violence. Thus, the mode consonant with
'

religion means conciliation, i. e. gentle remonstrances. If these


'

should prove of no avail, 'legal proceedings,' or 'division' (bheda),


shall be resorted to, i.e. the debtor shall be threatened with a plaint
in a court of justice. After that, ' presents ' or '
fraud '
should be adhi-
bited, i.e. a false hope of fictitious gain shall be held out to the debtor.
If this mode also should prove unsuccessful, 'force' or 'violence'
72 NARADA. T, 123.

proceedings, by fraud, by the customary mode, and,


fifthly, by force, a creditor may recover what he has
lent.
*i23. A creditor who tries to recover his loan
from the debtor must not be checked by the king,
both for secular and religious reasons.

9. Pledges.
"'
1 24. That to which a title is given (adhikriyate)
is called a pledge. There are two kinds of it : a

may be Ui-ed, by fettering the debtor, or confining him, &c. The


fifth mode, called the customary mode (a^arita), consists of fasting.

If the creditor himself, or his son, or his servant, takes to fasting


it is no offence; or he may confine his own son or threaten to
kill him, or seize the property of a stranger, as a compensation.
The commentators Code of INIanu explain the five modes
of the
of recovery of a debt much in the same way as Asahaya. Fraud,' '

according to them, is when the creditor borrows money from the


debtor under false pretences, or retains a deposit belonging to him.
Vyavahara, generally interpreted by '
legal proceedings,' means,
according to IMedhatithi, '
engaging the debtor in agriculture, trade,

or other work, and taking the proceeds of his labour." The ' cus-
tomary mode '
(aX-arita) is variously explained as denoting '
fasting,'

or '
kiUing' or '
taking (one's own or the debtor's) family and cattle.'

Under the former interpretation, it is identical with the well-known


'
sitting in See the translations of Manu, and Jolly, Ind.
Dharna.'
Schuldrecht, § For an interesting parallel to the custom of
7.

Dharna from the Brehon Laws of Ancient Ireland, see Sir H.


iMaine's Early History of Institutions, p. 297 foil.

123. A dishonest debtor who applies to the king for protection


against a creditor enforcing his demand shall not be abetted by the
king. '
For secular reasons,' i. e. in order not to disturb the estab-
lished order of society. '
For religious reasons,' i. e. in order not to

offend against religious law. A. Nearly identical with Manu VIII,


50. Vish«u VI, 19; Ya^»avalkya II, 40.
124. According to Asahaya, the pledge to be released within
a specified time is again twofold, It may be either deposited with a
'
keeper of the pledge ' (adhipala), who is to return it on the pledge
I, 127. DEBTS ; PLEDGES.

pledge which must be redeemed within a certain


time, and a pledge which must be retained till the
debt has been discharged.
*i25. A pledge is again twofold: one to be kept
only, and a pledge for enjoyment. It must be pre-

served precisely in the same condition (as at the


time of its delivery) ; otherwise the pledgee loses
interest.
*i26. The same thing happens when the pledge
has been injured owing to the negligence of the
pledgee. If it has been lost, the principal is for-

feited, provided that the loss was not caused by fate


or the king.
'"127. A pledge (for custody) must not be used

being restored at the time agreed on. Or it may be delivered to


the creditor on condition of its being returned after the lapse of a
certain period, say five or ten years. The usufruct of a 'pledge to
be retained till the debt has been liquidated '
shall belong to the
creditor for ever, till the debt has been discharged.
125. Asahaya gives a hoyse and a field as instances of a pledge
for use. By spoiling a pledge of this kind, the pledgee forfeits
interest, i. e. he loses the produce of a field, the use of a dwelling-
place, &c.
126. ' Negligence,' with regard to a bull or other pledge for use,
means that it is used at an unseasonable time, or too much, for

drawing a cart or carrying a burden. \\'ith regard to a pledge for


custody, it means that it is abandoned. 'When it has been injured/
as e. g. when an animal given as a pledge has lost one eye. '
The
king ' may cause the loss of the pledge, if he confiscates the whole
property of a man and the pledge together with it, on account of a

slight offence. The loss is caused '


by fate," if e. g. a pledge is stolen
by a thief. A. Ya^ilavalkya II, 59 Vishwu VI, 6.
;

127. Identical with Manu VIII, 144. According to Medhatithi


and Kulliika, the provision that the pledgee must make good the
value of the pledge to the owner refers to those cases where the
pledge has been injured or spoiled. According to Narayawa, whose
opinion is apparently shared by Asahaya, it means that the pledgee
74 NARADA. 1,128.

forcibly. The pledgee who uses it forfeits the in-


terest due to him. Moreover he must make good
the value (of the pledge) to the owner. Otherwise
he is (considered as) a thief of the pledge.
128. That foolish person who uses a pledge with-
out authorization from the owner, shall lose one
half of his interest, as a compensation for such use.
129. If a pledge for enjoyment has been given,
(the creditor) must not take on the loan.interest
Neither must he give or sell a pledge (of any sort)
before the (stipulated) period has elapsed.
* 1 30. When a pledge, though carefully kept,

loses its value after a certain time, (the debtor)


must either give another pledge, or discharge the
debt to the debtor.
*i3i. When a debtor has been disabled by a
reverse of fortune (from paying the debt), he shall
be made to discharge the debt gradually, according
to his means, as he happens to gain property.
* 132. If a wealthy debtor from malice refuses to

must satisfy the owner of the pledge out of the profit derived from
the use of the pledge.
128. Nearly identical with Manu VIII, 150. See Professor
Buhler's note.
129. 'A pledge for enjoyment' means one where the profit

derived from the pledge takes the place of interest. Such a


pledge must not be given or sold before the term fixed for its

delivery. A.
130. Ya^ilavalkya II, 60.
131. Where the debtor is unable to give another pledge or to
restore the loan, he must he made to restore it successively, as best
he can, according to his receipts. A. J\Ianu VIII, 177: IX, 229;
Ya^/lavalkya II, 43.

132. The king shall take 5 per cent, as a compensation for


the assistance rendered by him. A. IManu VIII, 139 Ya^Tlavalkya
;

II, 42; Vish/m VI, 21.


I, 135. DEBTS ; DOCUMENTS. 75

pay his debt, the king shall compel him to pay it by


forcible means, and shall take five in the hundred
for himself
133. If the debtor acknowledges the debt with
his own mouth, the king shall take from him ten
per cent, (of the debt) as a fine; and twice as much
(i. e. twenty per cent.) if he has been convicted (after
denial of the debt).
T34. If the debtor, owing to a calamity, has not
means sufficient to discharge the whole debt, (the
claim of the creditor) shall be entered in a legal
document, specifying the caste (of the creditor and
debtor), their names, and the names of their
neighbours.

10. Documents.
""135. Documents should be known to be of two
sorts : (the first), in the handwriting of the party him-

133. If the debtor, when impeached by the creditor, acknow-


ledges the debt himself, the king shall take 10 per cent. only. If,

however, the debtor had undergone the trouble of proving the


correctness of his demand against the creditor, the king shall take
from him twice as much, i.e. 20 per cent. A. IManu VIII, 139 ;

Ya^?lavalkya II, 42 Vish;m VI, 20, 21.


;

134. If a debtor, who has been cast in a suit, has not means
sufficient to discharge the whole debt, he shall give a written

bond. A. The meaning of the obscure terms ^ati, sa.mgn^, adhi-


vasa may be gathered from a text of B/^liaspati, which is quoted
in Nandapa;/^/ita's Vai^ayanti (MS.) Ill, 74. There these three
terms occur in an enumeration of ten points which have to be
noticed in a written deed concerning landed property. According
to Nandapaw^ita, ^ati denotes the caste, Brahmanical or other, of
the plaintiff and defendant; sa?/;^}la denotes their names, as e.g.
Devadatta adhivasa refers to the names of their neighbours.
;

135. A document in the handwriting of the party himself has the


advantage of being valid without subscribing witnesses. The cus-
76 NA.RADA. I, 136.

self; (the second), in that of another person, (the


former being vahcl) without subscribing witnesses,
the latter requiring to be attested. The validity of
both depends on local usage.
*I36. That document is said to be valid which
is not adverse to the custom of the country, the con-

tents of which answer to the rules regarding pledges


(and other kinds of security), and which is consistent
in import and language.
*i37. That document is invalid which has been
executed by a person intoxicated, by one charged
(with a crime),by a woman, or by a child, and that
which has been caused to be written by forcible
means, by intimidation, or by deception.
138. A bond ceases to be valid in that case also,

if the witnesses, creditor, debtor, and scribe be dead,

torn of the country, i. e. the usages prevailing in each country with


regard to the validity of documents, is supreme. A. Vish«u VII,
1-5 ; Y%«avalkya II, 84-88.
136. I have translated the readingvyaktadhividhilaksha«am. That
writing is not adverse to the custom of the country which does not

record an invalid gift, or a disposition in regard to a minor, &c.


If the contents of a document are in accordance with the rules
regarding pledges, sureties, &c., and if its import and language is

free from obscurity and breaks, it is valid. A. Vish/m VII, 11.


137. What has been written by one intoxicated, or charged with
the murder of a Brahman or other heavy crime, or by a woman or
child what has been caused to be written by forcible means, the
;

writer not being concerned in the subject matter; and what has
been written by one intimidated, or under a delusion; all such
documents are invalid. A. Vislw/u VH, 6-10 Yag-jTavalkya II, 89. :

138. The invalidity of those documents, where the creditor,


debtor, witnesses, and writer are all dead, is declared for that
reason, because such documents may be suspected of forgery.
Even after the actual death of all those persons, however, a docu-
ment retains its validity, where a pledge is in existence and in the
possession of the creditor. A.
1,142. debts; documents. 77

unless its validity can be established by the exist-


ence of a pledge.
'"139. Pledges are declared to be of two kinds,

movable and immovable pledges both are valid ;

when there is (actual) enjoyment, and not otherwise.


""
140. If a document has been produced in due
time, if (the demand recorded in it) has been (repeat-
edly) urged, and (publicly) proclaimed, it remains valid
for ever, even after the death of the witnesses.
141. A document which is unknown and has
never been heard of before does not obtain validity
when it is brouo-ht forward, even thouoh the wit-
nesses be livino-.

*I42. When a document has been transferred

139. A pledge which is only mentioned in a document, without


being actually enjoyed, has no legal validity. A.
140. A
document or bond which the descendants of the creditor
have repeatedly shown to the descendants of the debtor whenever
interest was due (prarthita«), or which they have again and again
read out, retains its validity for the respective descendants of the
creditor and debtor, even after the death of the witnesses and all

other persons concerned. A. I have translated the term prarthita/;^

as an independant clause.
141. A document or bond, the contents of which are unknown to

the descendants of the debtor, about which they have never heard
from their ancestors, and which has been suddenly presented to
them only in a business transaction, is not considered valid, even
though the witnesses be living. A.
142. This rule is equally applicable to a plaintiff and to a
defendant in a lawsuit, i. If a creditor suing a debtor is unable
to produce the bond on demand, the judge shall give him time to
search for it. If the bond has been destroyed by fire or by some
other accident, the fact of its former existence may be established
by the testimony of honest persons, who have acted as scribe or as
subscribing witnesses, or who happened to be present while the
bond was being executed. The statements of such persons are
equally decisive where the marks or part of the writing in a docu-
ment has been obliterated. 2. A debtor having been asked in
78 NARADA. I, 143.

into another country, or burnt, or badly written, or


stolen, a delay must be granted, in case it should
exist still be no longer in existence, the evi-
; if it

dence of those who have seen it decides the matter.


143. If a doubt should subsist, as to whether
a certain document be authentic or fabricated, its
authenticity has to be established by examining the
handwriting (of the party), the tenour of the docu-
ment, peculiar marks, circumstantial evidence, and
the probabilities of the case.
* 144. If a document is signed by a stranger and

court to discharge a certain debt, on the strength of a bond signed


by himself, says It is true.
:
'
I had written that document. How-
ever, the money was not handed over to me, and I omitted to cause
the document be torn, because it did not happen to be at hand.
to

A few days later the father of my would-be creditor informed me that


he had lost the bond and could not find it anywhere that, how- ;

ever, he was going to give me a written deed recording its loss.


So he actually did, and I have deposited that written deed in a
certain box while living in that house.' If the debtor pleads an

excuse of this sort, he must be allowed some delay to search for the

document in question. If it is no longer in existence, the state-


ments of those who saw it shall decide the matter. A.
handwriting of
143. 'The handwriting,' another specimen of the
the party. The'
tenour of the document,' the names of the sub-

scribing witnesses. '


Peculiar marks,' flourishes in the handwriting
of the scribe. 'Circumstantial evidence,' 'these two facts go together,'
or ' they do not go together.'
'
The probabilities of the case,' ' how
has he got hold of this document?' or 'is he nervous or is his manner
of speaking composed and quiet
?
' By such expedients as these

shall doubts regarding the genuineness of a document be removed.


A. Vishwu VII, 12 Ya^wavalkya II, 92.
;

from the
144. If a document has passed bypurchase or acceptance
original owner, who signed it, into the possession of a stranger, who
claims the loan recorded in it from the debtor, the judge must
examine the document. Kalya«abha//a has composed three verses
in explanation agama, sawbandha, and
of the technical terms
hetu. Sawbandha, connexion,' according to him, may be founded
'

on descent, caste, marriage, friendship, and social intercourse.


I, 147. DEBTS ; DOCUMENTS. 79

meant for a different purpose, it has to be examined,


in case its genuineness should be suspected, by in-

quiring into the connexion (previously existing


between the two parties) and into the (probability
of) title, and by resorting to reasonable inference.

145. An (obligation which has been stated in)


writing can only be annulled by (another) writing,
and an attested bond by witnesses. A writing is
superior to witnesses ; witnesses are not superior
to a writing.
* 146. If a document is split, or torn, or stolen, or
effaced, or lost, or badly written, another document
has to be executed. This is the rule regarding
documents.

11. Witnesses.
* 147. In doubtful cases, when two parties are
quarrelling with one another, the truth has to be

A
Agama, '
a title,' may be founded on inheritance, purchase, mort-
gaging, seizure, friendship, and acquisition. Hetu, '
reasonable
inference,' may be founded on reasoning and an efficient cause. A.
For other explanations of the terms agama and hetu in an analo-
gous passage of Yao-Tjavalkya (II, 92), see the Mitakshara. The
INIayukha agrees with Kalya?^abha//a.
145. If the debtor states that he has paid the debt, he must be
able to produce an acquittance in the creditor's handwriting. In
the same way, if the creditor pleads that the bond has been stolen,
or lost, or burnt, &c., he must produce a certificate from the debtor
stating its loss. Where, however, the bond was attested by sub-
scribing witnesses, the debt has to be discharged in the presence of
the same witnesses. A.
146. Where a document has met with any one out of the divers
accidents mentioned in this paragraph, the party by whom it was
executed may be compelled to give another document instead of it.

Ya^ilavalkya II, 91. Here ends the chapter on documents, the


eighth section of the law of debt. A.
147. When the plaintiff and defendant in a lawsuit quarrel
8o NARADA. I, 148.

gathered from (the deposition of) witnesses, whose


knowledge is based on what has been seen, heard,
or understood by them.
148. He should be considered as a witness
who has witnessed a deed with his own ears or
eyes ;
with his ears, If he has heard another man
speaking; with his eyes, If he has seen something
himself.
*I49. Eleven descriptions of witnesses are dis-
tinguished In law by the learned. Five of them are
termed appointed, and the other six not appointed.
*i50. A subscribing witness, one who has been
reminded, a casual witness, a secret witness, and an
Indirect witness, these are the five sorts of appointed
witnesses.

about a doubtful affair of any sort, the truth has to be ascertained

by examining the statements of the witnesses, who have seen, or


heard, or been present at, the transaction. A.
148. Manu VIII, 74; Vishnu VIII, 13.
149. Definitions of the eleven witnesses are given in the following
paragraphs. A.
150. *A one by whom a document
subscribing witness,' i.e.

is attested. '
A one who concealed in a house
secret witness,'
or room listens to the discourse of the parties. A. Katyayana
defines the technical terms in this paragraph as follows One :
'

adduced by the claimant himself, whose name is inserted in the


deed, is A reminded witness is not entered
a subscribing witness.
in a deed. He reminded witness who in order to insure
is called a
the publicity of a transaction is reminded of it again and again by
the claimant. One purposely brought near, and one who happened
to be on the spot accidentally, are two witnesses not entered in a
deed, by whom a claim may be corroborated. One who standing
concealed is caused, for the purpose of establishing the claim, to
hear distinctly the statements of the defendant, is termed a secret
witness. One who subsequently corroborates the statements of
other witnesses, whether from his own knowledge, or from hear-
say, is called an indirect witness.'
1

1,155. WITNESSES. 8

"''151. The witnesses not appointed by (the party)


himself have been declared sixfold : viz. the villac^e,

a judge, a king,
^'152. One acquainted with the affairs of the two
parties, and one deputed by the claimant. In family
quarrels, members of that family bhall be witnesses.
153. They shall be of honourable family, straight-
forward, and unexceptionable as to their descent,
their actions, and their fortune. The witnesses shall
not be less than three in number, unimpeachable,
honest, and pure-minded.
154. They shall be Brahmans, Vaij-yas, or Ksha-
triyas, or irreproachable ^'lidras. Each of these
shall be (witness) for persons of his own order, or
all of them may be (witnesses) for all (orders).
*i55. Among companies (of artizans, or guilds of

151, 152. The village or the co- villagers shall be witnesses in a

transaction which has taken place within the village. The testimony
of the judge shall be heard in regard to a cause tried in a court of
justice. The king shall be witness concerning a transaction which
has taken place in his presence. These, and one acquainted with
the circumstances of both parties, the agent of the claimant, and
members of a family in a lawsuit concerning that family, are the
six kinds of witnesses not appointed. A.
153. 'Of honourable family,' belonging to a noble race.
'
Straightforward,' habitually veracious. '
Less than three,' viz.

one or two persons may be witnesses if both parties consent to


it. In a dispute regarding landed property, more than three

witnesses are required. '


Honest,' free from avarice. '
Pure-
minded,' imbued with the precepts of religion. A. Manu VIII,
62, 63 Vish;m VIII, 8 Apastamba II, 1 1, 29, 7
; ; ; Gautama XIII,
2 ; Ya^wavalkya II, 68, 69 VasishMa XVI, 28.
;

Members of these four castes shall be witnesses for members


154.
of their own caste only. Or let members of any caste be witnesses
for members of any other caste. A. Manu VIII, 62; Gautama XIII,
3 Ya^rlavalkya
;
II, 69 Vasish//^a XVI, ; 29; Baudhayana I, 19, 13.
155. Companies or guilds are of eighteen kinds. Labourers

[33] G
82 NARADA. T, 156.

merchants, other) artizans or merchants shall be wit-


nesses and members of an association among other
;

members of the same association persons living ;

outside among those living outside and women ;

amon^ women.
* 156. And if in a company (of artizans or guild of

merchants) or in any other association any one falls


out (with his associates), they must not bear witness
against him ; for they all are his enemies.

12. Incompetent Witnesses.


*"i57. The incompetent witnesses, too, have in
this law-book been declared by the learned to be of
five sorts under a text of law, and on account of
:

depravity, of contradiction, of uncalled-for deposi-


tion, and of intervening decease.
*
1 58. Learned Brahmans, devotees, aged persons,
and ascetics, are those incapacitated under a text of
law there is no (special) reason given for it.
;

*i59. Thieves, robbers, dangerous characters,

for hire shall be witnesses for other members of the same associa-
tion. Outcasts shall be witnesses for other low-caste persons.

Women shall be witnesses where two women quarrel with one


another. In all these cases, the qualities of the witnesses need
not be tested. A. Manu VIII, 68 ;
VasishMa XVI, 30.

156. If in a company of traders any one member should con-


tractan enmity towards the other members of it, they are unworthy
to bear testimony against or about him, on account of their enmity
towards him. Here ends the chapter on witnesses, the tenth
section of the law of debt. A.
158. The reason why the persons referred to in this paragraph
are excluded seems to lie in their entire renunciation of earthly

interests, unfit to appear in a court of justice.


which renders them
See Manu one dead to the world is mentioned
VIII, 65, where '
'

among the incompetent witnesses, and other parallel passages.


1,163. INCOMPETENT WITNESSES. 8^O

gamblers, assassins, are incompetent on account of


their depravity there is no truth to be found in
;

them.
160. statements of witnesses, who have all
If the
been summoned by the king for the decision of the
same cause, do not agree, they are rendered incom-
petent by contradiction.
He who, without having been appointed to
''''161.

be a witness, comes of his own accord to make


a deposition, is termed a spy in the law-books ; he
is unworthy to bear testimony.
"'162. Where can
(any person) bear testimony if
the claimant no longer in existence, whose claim
is

should have been heard ? Such a person is an in-


competent witness by reason of intervening decease.
'"'163. If two persons quarrel with one another,

162. Supposing a man were to claim a certain sum from another


and to name a witness, whom he states to have witnessed the
transaction. If the soi -disant creditor should die, it would be im-
possible to ascertain whether the statement of the witness is true
or false. Therefore such a witness must not be admitted by
reason of intervening decease. A.
163. A claimant declares, 'This
bull, which you have got, is
mine. He was by thieves, who took seven cows along with
stolen
him. If they are found among your property, they may be known
by a red mark on the forehead, or by their white feet, or by other
signs. ... I am able to adduce four witnesses who will declare them
to be mine.' The opponent replies, '
Pra^apati (the Creator) has
created many two-legged and four-legged beings closely resembling
one another. If a superficial likeness
is to be considered as
evidence. might take another man's wife into my house, because
I

she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like
my wife. This bull is born and bred in my own house. I am able to
adduce four witnesses from the village in which he is being kept ;

their statements will establish the fact that he belongs to me.' In


a dispute of this sort the witnesses of him who was the first to
bring the suit into court will decide the suit. A. Ya^fiavalkya II,

17; Vish;m VIII, 10.

t G 2
;

84 NARADA. J, 164.

and both have witnesses, the witnesses of that


if

party shall be heard which was the first to go to law.


* 164. If the claimant should be cast at the trial,

his cause proving as the weaker one of the two, it is

fit that the witnesses of the defendant should be


heard.
*j65. No
one should converse in secret with a
witness summoned by his adversary, neither should
he try to estrange him from the cause of his oppo-
nent by other means. A party resorting to such
practices as these is cast.

166. If a witness dies or goes abroad after having


been appointed, those who have heard his deposition
may give evidence ; for indirect proof (through a
second-hand statement) makes evidence (as well as
direct proof).
* 167. Even after a great lapse of time (the depo-
sition of) a subscribing witness retains its validity

164. Where the plaint is rejected and the defence acknowledged


as correct, the witnesses of the defendant have to be examined. A.
Y%wavalkya II, 17; Vishwu VIII, 11.
165. That man who holds secret conversations with a witness
produced by his opponent, or who tries to intimidate him by threats,

abuse, and the like, or to bribe him, loses his suit. A.


166. If a witness dies or goes abroad, indirect witnesses, i.e. those
who have heard him speak of the matter, on his deathbed, or when
he was about to start, either in answer to questions of the plaintiff,

or of his own accord, shall be examined. A. Vish;m VIII, 12.

167. What follows here is intended to show how long the state-
ments of each of the five appointed witnesses mentioned in par.
150 retain their validity. A subscribing witness may give valid
evidence after the lapse of a very long period even. Such a
witness should subscribe his name with his own hand, at the time
when the document is being executed, as e.g. 'I, Devadatta, have
witnessed this transaction.' If he is unable to write, he should
cause another person to write in his own name. The document will
make evidence, whenever the occasion arises. A.
I. 174- ^YITNESSES; CIRCUMSTANTIAL EVIDENCE.
85

if a man can write, he should write (his name) him-


self; if he cannot (write himself), he should cause it
to be written by another man.
* 168. (The deposition who has been of) a witness
reminded (of the transaction) remains valid in this
world up to the eighth year, that of a casual witness
remains valid up to the fifth year.
* 169. (The deposition of) a secret witness remains
valid up to the third year; (the deposition of) an
indirect witness is declared to remain valid for one
year only.
*I70. Or no definite period is fixed for judging
a witness ; for those acquainted with law have
declared that testimony depends upon memory.
'"171. A
witness whose understanding, memory,
and hearing have never been deranged, may give evi-
dence even after a very considerable lapse of time.

13. Six Cases where Witnesses are


unnecessary.
*I72. However, six different kinds of proceed-
ings have been indicated in which witnesses are not
required. (Other) indications of the crime com-
mitted are substituted for the evidence of witnesses
in these cases by the learned.
* 1 73. It should be known that one carrying a fire-
brand hand is an incendiary that one taken
in his ;

with a weapon in his hand is a murderer and that, ;

where a man and the wife of another man seize one


another by the hair, the man must be an adulterer.
'"
I 74. One who goes about with a hatchet in his

170, 171. Under this rule, the validity of any testimony is

declared independent of length of time, and to depend on the


competence of the witness alone. A.
S6 NARADA. I, 175.

hand and makes his approach may be recognised


as a destroyer of bridges (and embankments) ; one
carrying an axe is declared a destroyer of trees.
*i75. One whose looks are suspicious is likely to
have committed an assault. In all these cases wit-
nesses may be dispensed with only in the (last- ;

mentioned) case of assault careful investigation is'

required.
176. Some one might make marks upon his per-
son through hatred, to injure an enemy. In such
cases it is necessary to resort to inductive reason-
ing, (ascertaining) the fact of the matter, and strata
gems, in order to get a (reliable) test.

14. False Witnesses.


177. Those must not be examined as witnesses
who are interested in the suit, nor friends, nor asso-
ciates, nor enemies, nor notorious offenders, nor
persons tainted (with a heavy sin).
* 178. Nor a slave, nor an impostor, nor one not
admitted to ^'raddhas, nor a superannuated man, nor
a woman, nor a child, nor an oil-maker, nor one

175. 'Suspicious looks,' as e.g. a sword smeared with blood.


Viramitrodaya. In an analogous text of -Sankha, as quoted in
the Viramitrodaya, &c., the possession of stolen goods is mentioned
as a further manifest proof of crime.
177-187, 190. ManuVIII, 64-67, 71; Y%fiavalkya II, 70, 71;
Yishwu VIII, 1-5 Gautama XIII, 5. Asahaya observes that the
;

rules regarding incompetent witnesses do not relate to cases of


assault only, but to judicial proceedings of every sort.
177. 'Associates,'i.e. partners in business. '
Notorious offenders,'
persons formerly convicted of perjury or other crimes. A. For
different interpretations of some of the terms occurring in this
section, see the notes to Professor Biihler's Manu, and to Burnell-
Hopkins's INIanu, VIII, 64, foil.

178. * A slave,' one born in the house. ' An impostor,' a


T. iSi. INCOMPETENT WITNESSES. 87

intoxicated, nor a madman, nor a careless man, nor


one distressed, nor a gamester, nor one who sacri-
fices for a whole villaoe.

Nor one engaged in a long journey, nor


'"179.
a merchant who travels into transmarine countries,
nor a religious ascetic, nor one sick, nor one de-
formed, nor one man alone, nor a learned Brahman,
nor one who neglects religious customs, nor a eunuch,
nor an actor.
180. Nor an atheist, nor a Vratya, nor one who
'"

has forsaken his wife or his fire, nor one who makes
illicit offerings, nor an associate who eats from the
same dish (as oneself), nor an adversary, nor a spy,
nor a relation, nor one connected by the same womb.
'"181. Nor one who has formerly proved an evil-

doer, nor a public dancer, nor one who lives by


fallacious person. '
One not admitted to ^Sraddhas,' one who is

not allowed to partake of obsequial feasts. A


superannuated man,'
'

weak or decrepit persons. ' One distressed,' by a calamity. A.

179. 'One who neglects religious customs,' one who fails to


perform his religious duties. ' A eunuch,' one incapable of be-
getting offspring. A.
180. 'An atheist,' a heretic. 'A Vratya,' one for whom the
ceremony of initiation has not been performed. '
His wife,' his
legitimate spouse. '
His fire,' the sacred Vaitana fire. '
One who
makes illicit offerings,' one who performs sacrifices for persons of
bad fame. '
An associate who eats from the same
dish,' one with
whom one keeps up commensality. A
employed in the
'
spy,'
service of the king. '
One connected by the same womb,' a uterine
brother.
181. 'One who has formerly proved an evil-doer,' one afflicted

with an ugly disease, the consequence of wicked acts committed in


a previous existence or one guilty of robbery or other crimes.
;

'
One who by poison,' one who buys or sells poison.
lives A '

snake-catcher,' one who catches venomous reptiles. A poisoner,' '

one who, actuated by hatred, gives poison to other people. An '

incendiary,' one who sets fire to houses, &c. Kinaj'a(a ploughman),


'
a ^udra/ or '
a miser.' A.
88 NARADA. T, 182.

poison, nor a snake-catcher, nor a poisoner, nor an


incendiary, nor a ploughman, nor the son of a 6'udra
woman, nor one who has committed a minor offence.
*i82. Nor one oppressed by fatigue, nor a fero-
cious man, nor one who has rehnquished worldly
appetites, nor one penniless, nor a member of the
lowest castes, nor one leading a bad life, nor a stu-
dent before his course of study is completed, nor an
oilman, nor a seller of roots.
^"183. Nor one possessed by a demon, nor an
enemy of the king, nor a weather-prophet, nor an
astrologer, nor a malicious person, nor one self-

sold, nor one who has a limb too little, nor a


Bhagavrztti.
*i84. Nor one who has bad nails or black teeth,
nor one who betrays his friends, nor a rogue, nor
a seller of spirituous liquor, nor a juggler, nor an

182. 'A ferocious man,' one who perpetrates illicit acts of


violence. '
One who has relinquished worldly appetites,' an ascetic.
'
One penniless,' one who has lost his whole wealth through
gambling or other extravagance. '
A member of the lowest castes,'
a KindaXz. '
One leading a bad life,' an infidel. A. The term
mfilika denotes 'a seller of roots,' according to A. The Virami-
trodaya interprets it by '
one who practises incantations with roots.'
183. A. explains varshanakshatrasuX-aka as a single term, de-
noting '
an astrologer.' The Viramitrodaya, more appropriately,
divides it into two terms one who prophesies rain,' i.e. a weather-
:
'

prophet, and '


an astronomer,' i. e. an astrologer. The term agha-
jawsin, ' a malicious person,' is in the Viramitrodaya interpreted by
'
one who makes public the failings of other people.' '
One self-

sold,' one who has entered the state of slavery for money. '
One
who has a limb too little,' i. e. an arm or a foot. '
A Bhagavr/tti,'
one who lives by the prostitution of his wife, or one who suffers his
mouth to be used like a female part (bhaga). A.
184. 'A cruel man,' a hard-hearted man; or Ugra is used as a
proper noun denoting the offspring of a Kshatriya with a 5udra
wife. A.
I) ipo- INCOMPETENT WITNESSES. 89

avaricious or cruel man, nor an enemy of a company


(of traders) or of an association (of clansmen).
* 185. Nor one who
takes animal life, nor a leather
manufacturer, nor a cripple, nor an outcast, nor a
forger, nor a quack, nor an apostate, nor a robber,
nor one of the king's attendants.
*i86. Nor a Brahman who sells human beings,
cattle,meat, bones, honey, milk, water, or butter,
nor a member of a twice-born caste guilty of usury.
*i87. Nor one who neglects his duties, nor a
Kulika, nor a bard, nor one who serves low people, nor
one who quarrels with his father, nor one who causes
dissension. These are the incompetent witnesses.
*i88. The slaves, impostors, and other incompe-
tent witnesses who have been enumerated above,
shall be witnesses nevertheless in suits of a speci-
ally grave character.
""189. Whenever a heinous crime, or a robbery,

or adultery, or one of the two kinds of insult has


been committed, he must not inquire (too strictly)
into the (character of the) witnesses.
'^
1 90. A child also cannot be (made a witness), nor a
woman, nor one man alone, nor a cheat, nor a relative,
nor an enemy. These persons might give false evi-
dence.

185. '
One who
takes animal life,' a butcher. A forger,' one '

who documents or coined money. 'A quack,' one who


falsifies

practises incantations and the like with mysterious formulas, medi-


cines, &c. An apostate,' one who has left the order of religious
'

mendicants. ' An attendant of the king,' a menial. A.


187. 'A Kulika,' a judge ; or the head of a caste or guild. '
One
who causes dissension,' one who causes friends or others to fall out
with one another. Viramitrodaya.
189. Manu VIII, 72; Ya^wavalkya II, 72; Gautama XIII, 9;
Vishwu VIII, 6.
;

90 NARADA. I, jpi.

'''191. A child would speak falsely from ignorance,


a woman from want of veracity, an impostor from
habitual depravity, a relative from affection, an
enemy from desire of revenge.
*i92. By consent of both parties, one man alone
even may become a witness in a suit. He must be
examined in public as a witness, though (he has
been mentioned as) an incompetent witness.
*I93. One who, weighed down by the conscious-
ness of his guilt looks as if he was ill, is constantly
shifting his position, and runs after everybody ;

* 194. Who walks irresolutely and without reason,

and draws repeated sighs who scratches the ground


;

with his feet, and who shakes his arm and clothes
*I95. Whose countenance changes colour, whose
forehead sweats, whose lips become dry, and who
looks above and about him ;

*I96. Who makes long speeches which are not


to the purpose as if he were in a hurry, and without
being asked such a person may be recognised as
:

a false witness, and the king should punish that


sinful man.
* 197. He who conceals his knowledge (at the time

192. One agreeable to both parties shall be examined in an


assembly of honourable men. A. JNIanu VIII, 77 ; Ya§^«avalkya
II, 72; Vish;mVIII, 9.

193-196. These rules relate to the trial of a cause by the judge.


The time for examining the witnesses having arrived, he should
examine their miens and gestures. Incompetent witnesses are not
only those previously mentioned, but those here described are
equally incompetent. A. Manu VIII, 25, 26 ; Ya^Tlavalkya II,
13-15; VisbmVIII, 18.

197. One who has made a certain statement in the hearing of


others, and makes a different statement at the time of the trial,
shall receive specially heavy punishment ; for he is a greater criminal
than a false witness. A. Ya^?tavalkya II, 82.
1,203. FALSE witnesses; exhortation. 91

of although he has previously related (what he


trial),

knows) to others, deserves specially heavy punish-


ment, for he is more criminal than a false witness
even.

15. Exhorting the Witnesses.


(The judge), after having summoned all the
'"'198.

witnesses, and bound them down firmly by an oath,


shall examine them separately. (They should be
men) of tried integrity and conversant with the cir-
cumstances of the case.
199. Let him cause a priest to swear by Truth,
a Kshatriya by his riding animal and weapons, a
Vaij-ya by his cows, grain, or gold, a ^'udra by all
sorts of crimes.
*200. By ancient sacred texts, extolling the excel-
lence of Truth, and denouncing the sinfulness of
Falsehood, let him inspire them with deep awe.
201. He who gives false testimony as a witness
will enter hisenemy's house, naked, with his head
shorn, tormented with hunger and thirst, and de-
prived of sight, to beg food with a potsherd.
202, Naked, with his head shorn, with a potsherd
(for a begging-bowl), standing hungry before the door

198-228. INIanu VIII, 79-101; Y%7lavalkya II, 73-75; Vish;/u

VIII, 19-37; Gautama XIII, 12-23 Apastamba II, n, 29, 7-10;


;

Baudhayana I, 19, 10-12; Vasish//^a XVI, 32-34. Bohtlingk's


Indische Spriiche.
199. Identical with Manu VIII, 113. See, too, ManuVIII, 88.
The commentators of the Code of Manu give various explanations
of the latter verse. It may mean that a false witness is threatened
with the guilt of all offences committed against riding animals, cows,
grain, &c. ; or with the guilt of stealing riding animals, &c. ; or
with their loss ; or that the judge shall exhort witnesses to touch a
cow, &c.
201, 202. ManuVIII. 93; Vasish///a XVI, 33.
92 NARADA. I, 203*

of his adversary, shall he constantly meet his enemies


who give false testimony,
203. A perjured witness shall spend his nights in
the same manner as a wife who has been superseded
(by another), or as a man who has been worsted in
playing at dice, or as one whose body is weighed
down by a heavy burden.
204. A witness who wavers in giving evidence is

sure to be fettered with a thousand bonds from the


chain of Varu;2a.
205. After the lapse of a hundred years, the cord
is taken off him. When he is free from the cord, the
man becomes a woman.
206. Thus is a man liberated from this fixed bond-
age. *Now I will state, in order, how many kinsmen
a false witness kills,

*207. If his evidence concerns, respectively, (small)


cattle, cows, horses, human beings, gold, and land.
Listen to me, my friend.

203. This sentiment shows that the condition of a superseded


wife under Hindu law must have been far from enviable. This is
equally shown by the custom of presenting a certain sum to her on
her supersession by another wife. See Vish?/u XVII, 18 Ya^ila- ;

valkya II, 143.


204. The snaky 'bonds of Varuwa' seem to be an equivalent for
dropsy, a disease attributed to the influence of the ancient divinity
Varuwa. See Professor Biihler's note on Manu VIII, 82.
207. '
Kills,' i.e. sends to hell. This interpretation is given by
the majority of IManu's commentators. According to others, it means
'
causes to fall from heaven and to be reborn in the wombs of
animals,' or 'incurs a guilt as great as if he had killed.' See
Professor Buhler's note on Manu VIII, 97. The idea that a
man, by telling a falsehood, ruins his kinsmen as well as himself,
belongs to the remotest antiquity, and recurs in the Zendavesta.
See Vendidad IV, 24 seq. ; Jolly, translation of Book VIII of the
Code of Manu, note.
207-209. Nearly identical with Manu VIII, 97-99, &c.
I, 2i6. EXHORTING THE WITNESSES. 93

*2o8. He kills five by false testimony concerning


(small) cattle ; he kills ten by false testimony con-
cerning kine ; he kills a hundred by false testimony
concerning horses ;
(and he kills) a thousand by false
evidence concerninof a human beingf.
*209. He kills the born and the unborn by giving
false evidence (in a cause) concerning gold ; he kills

everything by giving false evidence concerning


land ; beware, then, of giving false evidence with
regard to land.
210. Truth is said to be the one unequalled means
of purification of the soul. Truth is the ladder by
which man ascends to heaven, as a ferry (plies) from
one bank of a river to the other.
211. If truth and a thousand horse-sacrifices are
balanced against one another (it will be found that)
truth weighs more heavily than a thousand horse-
sacrifices.

212. A tank is better than a hundred wells, an


offering better than a hundred tanks, a son better
than a hundred offerings, and truth better than a
hundred sons.
213. It is truth which makes the earth bear all
beines, truth which makes the sun rise. It is

through truth that winds blow, and that the waters


flow.

214. Truth is the greatest gift, truth is the most


efficacious kind of austerity, truth is the highest duty
in the world, thus it has been revealed to us.
215. The gods are truth simply, the human race
is falsehood. He whose mind is persistent in truth,
obtains a divine state in this world even.
216. Speak truth and discard falsehood. It is

through truth that thou shalt attain heaven. By


94 NARADA. 1,217.

Uttering a falsehood thou wilt precipitate thyself into


a most dreadful hellish abode.
*2i7. And in the hells the merciless attendants of
Yama, endowed with great strength, will cut off thy
tongue and strike thee with swords, constantly,
*2i8. And attack and pierce thee with spears, while
thou art wailing helpless. When thou art standing,
they will fell thee to the ground and fling thee into
the flames.
*2T9. After having sustained thus for a long while
the acute tortures of hell, thou shalt enter in this
world the horrid bodies of vultures, crows, and other
(despicable creatures).
*2 20. Having discovered these evils with which
falsehood is attended, and knowing, on the other
hand, the advantages resulting from veracity, thou
must speak truth and (thereby) save thyself. Do
not ruin thyself wantonly,
221. Neither relatives, nor friends, nor treasures,
be they ever so great, are able to protect those who
are about to be plunged into the tremendous darkness
(of hell).
222. Thy ancestors are in suspense, when thou
hast been appointed to give evidence (reflecting in
their minds) :
'
Will he conduct us (into heaven) or
willhe precipitate us (into hell)?'
Truth is the self of man. Everything de-
223.
pends on truth. Therefore thou must be intent on
acquiring bliss by thy own effort, by speaking truth,
224. Whatever lies between that night in which
thou wast born, and that night in which thou art to
die (thy whole life in fact) has been spent in vain by
thee, if thou crivest false evidence.

225. Those places of abode which are destined


I, 229. EXHORTING THE WITNESSES. 95

for the murderer of a Brahman, and those which


await the murderer of a woman or child, and the
regions awaiting an ungrateful man, are reserved
for a false witness.
226. There is no higher virtue than veracity, nor
heavier crime than falsehood. A man must speak
truth therefore, particularly when he has been ap-
pointed to give evidence.
* 227, There are two ancient verses (which run
as follows) If a man is base enough to speak falsely
:
'

in regard to the affairs of a stranger, what may not


such a wretch be expected to do, fearless of hell,

where his own welfare is concerned ?

* 228. All affairs are connected with speech, have


speech for their root, and depend on speech. He
who good speech (by violating truth)
steals a is

capable of committing any theft (or other crime).'

16. Valid Evidence.


229. Where there is conflicting evidence, the
plurality of witnesses decides the matter. If the
number of witnesses is equal (on both sides), the
testimony of those must be accepted as correct,

228. Theft is a very wide term under the Hindu law. The
'
'

Code of Manu includes in the denomination of theft, forgery of


documents and of coins, unlawful sales, and dishonesty generally.
For hita;« one might read hi taw, For he who steals speech.' Manu
'

IV, 256.
229. Manu VIII, 73; Ya^/lavalkya II, 78; Vish;/u VIII, 39.
229, 230. Where witnesses endowed with a good memory are
found on both sides in equal numbers, evidence based on recollec-
tion is incapable of influencing the decision of the suit. The
witnesses must not be examined, and the above rule comes into
force, that the witnesses become incompetent, because they do not
agree with one another. A. See par. 161,
96 NARADA. I, 230.

whose veracity is not liable to suspicion. If the


number of such witnesses is equal (on both sides)
(the testimony of these must be accepted), who are
possessed of a superior memory.

17. Invalid Evidence.

Where, however, an equal number of wit-


230.
nesses possessed of a good memory is found on
both sides, the evidence of the witnesses is entirely
valueless, on account of the subtle nature of the law
of evidence.
231. But wherever a litigant has been abandoned
by his own witnesses through the act of fate, the
sages have declared that he cannot be absolved by
(the performance of) an ordeal even.
''''

232. Where, the time forgiving testimony having


arrived, a witness does not make a consistent state-
ment with reference to the questions under notice,
his testimony is as good as ungiven.
""
233. If the witnesses were to disagree with one
another as to place, time, age, matter, quantity,
shape, and species, such testimony is worthless like-
wise.
"'
234. If the witnesses wrongly name too low or
too high a sum, this too must be known to make no
evidence. This is the rule of witnesses.

18. What has to be done in default of both


Witnesses and Documents.
* 235. When, owing to the negligence of the
creditor, both a written contract and witnesses are
missing, and the opponent denies his obligation,
three different methods may be adopted.
I, 239. INVALID EVIDENCE ; OATHS. 97

* 236. A timely reminder, argument, and, thirdly,


an oath, these are the measures which a plaintiff
should adopt against his adversary.
* 237. He who does not refute his (adversary's)
statements, though he has been reminded again and
again, three, or four, or five times, may be compelled
to pay the debt in consequence.
* 238. If the defendant has rejected a demand (to
pay), he shall aggress him with arguments relative
to place, time, matter, the connexions (existing be-
tween the two parties), the amount (of the debt), the
contents (of the written contract), and so forth.
* 239. arguments also are of no avail, let him
If
cause the defendant to undergo one of the ordeals,
by fire, water, proof of virtue, and so forth, (which
may seem) appropriate to the place, to the season,
and to the strength (of the defendant).

236. 'A timely reminder,' timely appeals to the debtor and to


the witnesses who have Argument,' arguing that
attested the loan. '

the sum in dispute has


been previously repaid, or the obligation
acknowledged by the debtor. Thirdly, he may attack the defendant
with an oath or ordeal, such as e.g. by causing him to swear by his
own good actions, or to undergo the ordeal of sacred libation, &c.
A. The term 'a reminder 'is not correctly explained byAsahaya,
as the rule under notice refers to those cases where witnesses are
missmg.
237. If a debtor has again and again been addressed by his
creditor, saying, Thou owest me money,' and the debtor does not
'

deny the correctness of the assertion, he shall be bound to pay the


debt. Raghunandana's Vyavaharatattva.
238. Asahaya says that the various arguments mentioned in this
verse shall be resorted to successively, arguments relative to time
having to be proffered when arguments relative to place have failed,
and so on.
239. The term
japatha denotes both an ordeal and an oath in
this place,though some of the commentators deny that .yapatha may
have the former meaning.

[33] H
98 NARADA. 1,240.

240. He whom the waters keep below the surface,


and whom blazing fire does not burn, is considered
to refute the charge. In the opposite case he is

deemed guilty.
* 24.1. Proof by ordeal takes place (if an offence
has been committed) in a solitary forest, at night, in
the interior of a house, and in the case of a heinous
offence, or denial of a deposit.
* 242. (Ordeals) are equally (applicable) in the case

of those women, whose morality has been impeached,


in cases of theft and robbery, and in all cases of denial
of an obligation.
* 243. Of the gods and i?/shis even, the taking
of oaths is recorded. VasishZ/^a took an oath when
he was accused of having assumed the shape of an
evil spirit.

240. If a man who is performing the ordeal by water does not


rise from water, and if blazing fire, which he is holding in his hand,

does not burn him, he is freed from the charge, otherwise he is

deemed guilty, i.e. criminal. A. IManuVIII, 115. It does not


become quite clear whether the divine tests referred to in this para-
graph are identical with the ordeals by water and fire as described
further on. See the translations of Manu, and Professor Stenzler's
and Dr. E. Schlagintweit's papers on Ordeals in Ancient India.
242. Where the conduct of a woman, i.e. her morals, is called
into doubt ; where theft or robbery is alleged to have been com-
mitted ; and where anything has been declared false, for all heavy
charges in short, this rule regarding the performance of ordeals has
been laid down. A.
243, 244. IManuVIII, no.
243. The great sage VasishMa, being suspected of being an evil
spirit, took an oath, and was cleared of suspicion thus. A. The
story, to which allusion is made in this place, is told by the com-
mentators of the code of IManu. Vi.s-vamitra accused his rival
Vasish//^a before King Sudas as having eaten up his hundred sons,
in the shape of a Rakshasa (malignant spirit). VasishZ/^a thereupon
exclaimed, '
I will fall dead on the spot if I am a Rakshasa.'
I, 246. OATHS AND ORDEALS. 99

*244. The seven /?/shis resolutely took an oath


together with Indra in order to clear themselves
mutually of suspicion, when each was suspected (by
the rest) of having taken lotus fibres.

245. The perpetrator of a wrong action, or of


a crime, shall be let off with one half of the punish-
ment due to his offence, if he admits the charge or
if he makes his guilt known of his own accord.

246. If, on the other hand, a criminal has cun-


ningly concealed his crime, and is convicted of it,

the members of the court of justice will not be satis-


fied with his conduct, and the punishment inflicted
on him shall be specially heavy.

244. The story here referred to occurs in the Pura;?as. The


meaning is this : If the great sages even have taken oaths in order
to clear themselves from suspicion, how much less should ordinary-
mortals refrain from taking an oath. A. According to Medhatithi
and Govindara^a, the two earliest commentators of INIanu, the seven
i?/shishad mutually accused one another of the theft of lotus fibres.
Indra took an oath when he was suspected with Ahalya.
245. One who has committed any wrong or sinful act to the
detriment of any one whomsoever, or who has become guilty of
robbery or other crimes, shall have to suffer one half only of the
punishment ordained for his misconduct, if he acknowledges in
a court of law the truth of the charge brought against himself
by the injured party. The same rule obtains, if he has denounced
himself guilty, though no plaint has been lodged against him. A.
246. If the perpetrator of a wrong act, or of robbery, &c., denies
his guilt,on being examined in a court of justice, and is convicted
afterwards by means of an ordeal or of another mode of proof, the
assessors of the court will be incensed against and a heavy punish-
ment inflicted on him, as e.g. he will have to pay twice as much as
in ordinary cases. Here ends that section of the law of debt which
consists of '
Rules for those cases where both documents and wit-
nesses are wanting.' A,

H 2
TOO NARADA. I, 247.

19. Proof by Ordeal.


""
247. If no witness is forthcoming for either of
the two litigant parties, he must test them through
ordeals and oaths of every sort.
'"*
him cause a Brahman to swear by)
248. (Let
truth, (a Kshatriya) by his (horse or other) vehicle,
and by his weapons, (a Vai^ya) by his cows, seeds or
gold and so on, (or all) by venerable deities or deified
ancestors, by their pious gifts or meritorious deeds.
249. Where a heavy crime has been committed,
the ruler shall administer one of the ordeals. In
light cases, on the other hand, a virtuous king shall

swear a man with (various) oaths.


* 250. Thus have these oaths been proclaimed by

Manu for trifling cases. In a suit concerning a heavy


crime, divine test should be resorted to.
251. Holy Manu has ordained that five kinds of
ordeals should be administered to those involved in
a doubtful case (which has become the object of
a lawsuit), especially if the matter under dispute is

of a recondite nature.
* 252. The balance, fire, water, poison, and, fifthly,

consecrated water, are the ordeals ordained for the


purgation of high-minded persons.

248. In this rule are indicated the various oaths to be administered


according to the caste and individual character of the oflfender. A.
]\Ianu VIII, 114.

249, 250. These two verses are intended to indicate the difference
between an ordeal and an oath. A.
in point of applicability

251. Holy Manu has said that those against whom a charge of
an aggravated nature has been brought, shall have to undergo one
out of the five ordeals, in order to clear themselves from suspicion,
especially when a secret transgression is concerned. A.
252. In this paragraph the author proceeds to enumerate the five
ordeals singly. A. Ya^iiavalkya II, 95; Vish?/u IX, 11.
1,257- ORDEALS. lOI

* 253.
(Those ordeals) have been ordained here
by Narada for the purpose of proving the innocence
of criminals who are defendants in a lawsuit, (and) in
order that right may be discerned from wrong.
254. During the be
'"
rains let the (ordeal by) fire
administered. In the autumn season the balance is

declared to be (the proper kind of ordeal). The


(ordeal by) water should be applied in summer, and
the (ordeal by) poison in the cold weather.
'"
255. The distressed shall not be caused to
undergo the (ordeal by) water, nor shall poison be
given to the bilious, nor shall the ordeal by fire be
administered to persons afflicted with white leprosy,
or with blindness, or with bad nails.
'"
256. An ordeal should never be administered to
persons engaged in performing a vow, to those
afflicted with a heavy calamity, to the diseased, to
ascetics, or to women, if the dictates of justice are
listened to.
257, Where no one declares himself ready to

253. The five ordeals have been proclaimed by the great sage
Narada, for the justification of those impeached on account of their
suspicious conduct, by showing where the wrong lies and where
not. A.
254. The five ordeals should be administered, each of them, at
those very seasons, and not at any other season. A. Vishwu IX,
25, 28, 30.
255> 256. Vish;m IX, 23, 25, 27, 29.
255. In the case of the persons here mentioned, the ordeals
referred to should be avoided, on grounds of disease and of incapacity
to undergo them. A.
256. '
Persons engaged in performing a vow,' those who have
performed the ceremony initiatory to a Soma sacrifice. A.
257. An ordeal should not take place, unless there should be a
special reason for it, such as an accusation. Therefore an ordeal
must not be administered, unless there be a plaintiff" who declares
himself ready to take the punishment on himself in case of defeat.
I02 NARADA. 1,258.

undergo punishment, an ordeal cannot take place.


An ordeal shall be administered to litigants where
there is reason for it, but not otherwise.
258. Therefore an intelligent, virtuous, righteous,
and wise (king or chief judge) should abstain care-
fully from administering any one out of the (five)
ordeals, unless both parties consent to it.
* 259. The ordeal by water must not take place

in the cold weather, nor the ordeal by fire in the hot


season, nor must the (ordeal by) poison be admin-
istered to any one during the rains, nor the (ordeal by)
balance in stormy weather.

20. The Ordeal by Balance.


* 260. Wise legislators conversant with every law
have proclaimed, after mature consideration, the
following rules regarding the mode of performing
the ordeal by balance, which may be administered
in every season.
*26i. The two posts should be dug in every

A. Ya^jlavalkya II, 96; Vishwu IV, 20, 21. The reading na di-
vyazw (for na vina ?) seems wrong. Or translate, but there is no
'

ordeal for plaintiffs.'

258. A king or chief-judge, who is endowed with the qualities

here mentioned, should administer an ordeal with the full approval


of both parties in a cause, but not otherwise. A.
259. The times or seasons here referred to should be avoided in
the case of the ordeal by water and of the other ordeals, because

they are illegal. Vish?m IX, 24, 26, 28, 30.


A.
260-284. Vish;m X; Ya^wavalkya II, 100-102.
260. 'After mature consideration,' after having duly considered
that the ordeals by fire, water, and poison are subject to many
interruptions or obstacles arising from time, locality, &c., wise men
have devised this ordeal by balance, which may be performed during
any season. That is the meaning. A.
261. apparatus for performing the ordeal by balance, which
The
is described in this and the following paragraphs, consists of the
1,264. ORDEAL BY BALANCE. I03

case to the depth of two Hastas below ground.


(The whole of) their length is ordained to amount
to six Hastas in extent.
* 262. The beam
of the balance should be four
Hastas and the height of the two posts
in length,

(above ground) should be the same. The interme-


diate space between the two posts should measure
one and a half Hastas.
* 263. The beam of the balance should be made
straight, of Khadira or of Tinduka wood, quadran-
gular and (provided) with three Sthanas and with
hooks (by which the strings supporting the scale are
suspended) and with other (contrivances).
* 264. He should cause it to be made of Khadira
wood or Swis2.pa. wood, or in default of such, of

following elements: i. Two wooden posts, supporting a trans-


verse beam. The two posts should be fastened in the ground at
a distance of one-and-a-half Hastas (i Hasta = about 18 inches),
facing the west and east. The part above ground should be four
Hastas long, and the part below ground two Hastas, the whole
length of each post amounting to six Hastas. 2. The beam of
the balance, by which the scales have to be suspended. The
beam itself, which should measure four Hastas, and should be made
of Khadira or other strong wood, should be suspended by means of
an iron hook and chain in the middle of the transverse beam.
3. The beam of the balance should be surrounded in the middle
and at the two extremities, by three Sthanas (belts.?) by which
two iron hooks should be fastened. 4. The two scales should

be suspended at the two ends of the beam, by the iron hooks, and
by four strings each. 5. Each of the two scales should move in
a wooden arch (tora«a), which serves the purpose of marking the
position of the scales. See Mitakshara and Stenzler's paper on
Ordeals (vol. ix of the Journal of the German Oriental Society),
to which a drawing has been added for the purpose of illustrating

the statements of the Smr/ti writers regarding this kind of ordeal.


263. Read rigvi in the text.

264. Wood of the Khadira tree is the most eligible sort of wood.
Then comes Tinduka wood, and lastly ^S'irasapa wood. A.
I04 NARADA. I, 265:

^'ala wood, (which must be) without notches and


withered portions, and devoid of rents.
* 265. These kinds of timber should be used for
preparing the beam of the balance, (which should be
erected) either in the midst of a public assembly, or
before the gates of the royal palace, or in sight of
a temple, or in a cross-road.
266.(The balance) must be dug firmly into the
earth, after having been covered with perfumes, gar-
lands, and unguents, and after the performance of
purificatory and auspicious ceremonies with sour
milk, whole grain, clarified butter, and perfumes.
267. This ordeal should always be administered
in the presence of the guardians of the world, who
must be invoked to be present for the protection (of
virtue and justice), and in sight of everybody (who
cares to look on).
'""
268. It is ordained that all ordeals should be

265. The various places here mentioned are the favourite abodes
of Dharmara^a (the king of justice), when he appears on earth. A.
The Viramitrodaya and other compositions quote two verses of
Katyayana, to the effect that ordeals should be administered to
felons in sight of a temple ; to those who have offended against the
king, before the gates of his palace ; to low-caste persons, in a
cross-road ; and to other offenders, in the midst of a public
assembly, or court of justice.
266. It appears from the statements of other legislators, that the
ceremonies to be performed on this occasion are perfectly analo-
gous to those which have to take place on the occasion of preparing
a sacrificial stake (yiipa).
267. '
In sight of everybody,' not in a solitary spot. A.
268-270. This is a digression relative to certain exceptions to

the rule in pars. 257, 258. Y%?lavalkya II, 96, 99 Vish?m IX, 22. ;

268. An ordeal is ordained, when the plaintiff declares himself


ready to undergo punishment. Where, however, any outrage has
been committed against the royal family, an ordeal should be
administered even without a declaration of this sort. A.
I, 271. ORDEAL BY BALANCE. IO5

administered in the forenoon, the person (to be


tested) having fasted for a day and a night, taken
a bath, and wearing his wet dress.
269. Excepting cases of high treason, an ordeal
shall not be administered, unless the plaintiff comes
forward and declares himself ready to undergo pun-
ishment in case of his beingr defeated.
270. The king may inflict ordeals on his own
servants, even without the one party declaring him-
self ready to undergo punishment. On the other
hand, in the case of other persons accused of a
crime, (he should administer ordeals) according to
law (only).
*2 7i. After having well fastened the two scales
by the hooks of the beam, he should place the man
in the one scale and a stone in the other.

The essential features of the proceedings described in pars,


271-284 may be summarized as follows: i. The person to be
tested by this ordeal should be placed in the one scale, and a
basket filled with stones and sand placed in the other scale, as an
equivalent. 2. The basket having been made precisely equal in
weight to the man with the help of goldsmiths and other persons
skilled in the practice of weighing, the position of the
beam should
be marked on each of the two arches. 3. After that, the man
should be allowed to descend from the scale. The judge should
admonish him, and he should get into the scale again, after a bill
recounting the charge raised against him has been fastened on his
head. 4. A Brahman should address the balance with prayers.

5. The man having descended once more from the scale, the result
of the second weighing should be compared with the result of the
first weighing. If he has risen, i.e. if he has proved Hghter than the
first time, he shall be acquitted if the scale has gone down, or if it
;

has remained in the same place as before, he must be pronounced


guilty. 6. If any part of the balance has broken during the
proceeding, he has to be acquitted.
271. The term 'a stone' seems to denote an equivalent here
and in the next paragraph. The sequel shows that the equivalent
consists of a basket filled with stones and other objects.
I06 NARADA. I, 272.

* 272. He should weigh the man on the northern


side, and the stone on the southern side. There
(in the southern scale) he should (place) a basket

and fill it up with bricks, mud, and grains of sand.


273. In the first weighing, the weight (of the man)
should be ascertained with the aid of experienced
men, and the arch marked at that height which
corresponds to the even position of the two scales.
* 274. Goldsmiths, merchants, and skilful braziers

experienced in the art of weighing, should inspect


the beam of the balance.
*275. After having weighed the man, and
first

having made (on the arches) a mark for the beam,


in order to show the (even) position of the scales,
he should cause him to descend from the balance.
* 276. After having admonished him with solemn

imprecations he should cause the man to get into


the scale again, after having fastened a writing on

273-275. Goldsmiths, merchants, braziers, and other persons


familiar with the art of weighing, should ascertain whether the man
and and whether the
the equivalent are precisely equal in weight,
beam of the balance is quite straight, by pouring some water (on
the beam of the balance ?). A. According to the Pitamaha-smnti,
the water shall be poured on the beam of the balance. If it does

not trickle down from the beam, the beam may be supposed to be

straight. The way in which the position of the scales and of the
beam of the balance has to be marked on the two arches, may be
gathered from the Ya^^lavalkya-smmi, which ordains that a line
shall be drawn (across the arches).
276. He should cause the man to get into the scale once more,
after having reminded him of his good actions and of the pre-
eminence of truth, having invoked the deities, and having fastened
on his head a bill recounting the charge, and containing an impre-
cation. The whole proceeding must not take place in windy or
rainy weather. A. The Viramitrodaya and other compilations
quote another text of Narada, according to which no verdict
should be given if the scales have been moved by the wind.
I, 283. ORDEAL BY BALANCE. IO7

his head. There must be neither wind nor rainfall


(at the time when this ordeal is being performed).

277. When he has ascended (the scale), a Brah-


man, holding the scale in his hand, should recite the
following :
'
Thou art called dha/a (a balance), which
appellation synonymous with dharma (justice).
is

* 278. Thou knowest the bad and good actions of


all This man, being arraigned
beings. in a cause, is

weighed upon 'thee.


279. Thou art superior to gods, demons, and
mortals in point of veracity.
[Thou, Balance, hast been created by the gods in
time out of mind, as a receptacle of truth.
* 280. Deign to speak truth, therefore, O propi-
tious being, and deliver me from this perplexity. If
I am
an offender, take me down.
*28i. If thou knowest me to be innocent, take
me upwards.] Therefore mayst thou deliver him
lawfully from the perplexity in which he is involved.'
282. After having addressed him, (invoking) the
guardians of the world and the gods, with these
and other such speeches, he should cause the man
who has been placed in the scale, to descend once
more and should ascertain (the state of the matter).
283. If he rises, on being weighed (for the
'''

second time), he is undoubtedly innocent. If his

277. This quibble is based on the fact that the two words Dha/a
and Dharma commence with the same syllable.
279-281. The words enclosed in brackets cannot be genuine.
They appear to be a quotation from the Y%«avalkya-smr/ti (II,
10 1, 102), which has been added as a marginal gloss by a copyist,
and has subsequently crept into the text. Ya^ylavalkya puts this
entire address in the mouth of the defendant himself, whereas all

the other Smriii writers put it in the mouth of a third person.


I08 NARADA. 1,284.

weight remains the same as before, or if he goes


down, he cannot be acquitted.
* 284. Should the scales break, or the beam or
the hooks split, or the strings burst, or the trans-
verse beam split, (the judge) shall pronounce a formal
declaration of his innocence.

21. The Ordeal by Fire.


^''285. I will propound, next, the excellent law re-

garding the (ordeal by) fire. The interval between

284. It seems strange that the accidents mentioned in this para-

graph should be viewed as proofs of innocence. Vish;m, Katyayana,


and Vyasa rule that the proceeding shall be repeated in every such
case. Brzliaspati says that these accidents shall be taken as proofs
of guilt. The reading murtita// may be wrong (for puna-^ sa ? '
he
shall cause the proceeding to be repeated'). See Vyasa.
285-303. Vish/.u XI; Ya^«avalkya II, 103-107.
The essential features of the ordeal by fire are as follows:
I. Eight concentric circles of equal breadth are marked on a piece
of ground. 2. An iron ball is heated repeatedly by a blacksmith.
3. The hands of the defendant are examined, and all existing sores
or scars coloured with dots. 4. His hands are wrapped up in

leaves, in order to protect them against the hot iron. 5. A prayer


addressed to Agni, god of fire, shall be recited and written on a
leaf, which is head of the defendant. 6. The iron
fastened on the
ball is placed in his hands, and he is made to walk slowly through
all the circles successively, taking one circle with each step. On
reaching the last circle he may throw the ball on the ground.
7. His hands are examined once more. If they are found to con-
tain any fresh sores or wounds, he is guilty ; if not, he is innocent.
8. If he lets the ball drop from fear, before having reached the last
circle, or if the examination of his hands has yielded no definite

whole proceeding has to be repeated.


result, the

285. Other legislators state that each circle shall be thirty-two


Ahgulas broad together with the space situated between it and
the next circle. In par. 299 it is said that the breadth of each
circle shall equal the length of the defendant's foot. This rule,
according to the commentators, refers to the circle minus the inter-
mediate space between it and the next circle, and means that a
1,293- ORDEAL BY FIRE. lOQ

every two circles is ordained to measure thirty-two


Ahg-ulas.
* 286. Thus the space coveredby the eight
circles will measure two hundred and fifty-six
Ahgulas.
* 287. He should place seven leaves of the holy
fig-tree in the hands of the defendant, and should
fasten the leaves (on his hands) with seven threads.
* 288. A professional blacksmith, who has prac-
tice inworking with fire, and whose skill has been
tested on previous occasions, should be caused to
heat the iron in fire.
* 289, 290. An iron in weight
ball fifty Palas
having been repeatedly made fiery, sparkling and
red-hot, a pure Brahman who reveres truth, should
address it as follows, when it has been heated thrice:
*
Listen to the law of Manu, which is superintended
by the guardians of the world (themselves).
291. Thou, O fire, art the means of purification
'"

and the exalted mouth of all the gods. Thou, dwell-


ing in the heart of all beings, knowest this affair.
* 292. Truth and falsehood proceed from thy

tongue. Deign not to show thyself unworthy of the


character thus attributed to thee in the Vedas and
other books.
* 293. This man (the defendant) has been thus
addressed by that man (the plaintiff), and has denied
circle shall equal the defendant's foot in breadth, where the foot is

longer than sixteen Ahgulas. Pitamaha says that the outlines of


the circles shall be marked with cow-dung.
288. 'A professional blacksmith,' not one officiating temporarily
in that capacity. A.
289, 290. The Viramitrodaya says that the iron ball shall be
put into cold water, after it has been heated for the first and second
times.
no NARADA. 1,294.

the charge, (declaring) " I will seize the fire, in order


to show that it is all untrue."
* 294. Thus confiding in truth, this man is holding
thee. Therefore, O fire, be cool for him, if he speak
the truth. If, however, he should tell a lie, as a

sinner, I implore thee, to burn his hands.'


* 295. This prayer having been carefully written

on a leaf and recited, he should fasten the leaf on


his head, and after having done so, should then give
him the iron ball.
* 296.Having bathed and stepped into the space
covered by the (eight) circles, he should seize the
fiery ball, take his stand in one circle, and walk
slowly through the seven others.
* 297. (The man) must not put it down again till

he has passed through the whole of the measured


ground. On reaching the eighth circle, he may drop
the fiery ball.
* 298. That man who lets the ball drop from fear,
or who cannot be proved to have been burnt, shall

take the hot iron once more this is a fixed rule.


;

299. Each circle should be made as broad as his


^''

foot. He must not go further than the breadth of


one circle with one step, nor must he remain
behind it.
300. In this way the ordeal by fire should always
be performed. It is adapted for every season except
summer and very cold weather.
* 301. All sores or scars on his hands should be

marked with signs previously, and one should ex-


amine the hands again afterwards (and look after)
the dots with which (the sores) have been marked.

299. Read tatpadasawmitam in the text.


I, 305, ORDEALS BY FIRE AND WATER. I I I

* 302. If it does not appear whether (either of) the


two hands is burnt, he shall take and seven times
crush grains of rice in his hand, with all his might.
'"
303. The grains having been crushed by him, if

the members him to be


of the court should declare
unburnt, he shall be honourably released as being
innocent. If he is burnt, he shall receive due
punishment.

22. The Ordeal by Water.


304. I will now proclaim the excellent law regard-
ing the (ordeal by) water, (which may be performed
at all seasons) one after the other, excepting the
winter and dewy seasons.
505.
3^ (This ordeal may be performed) in streams

302, 303. The crushing of grains of rice serves the purpose


of making such wounds as might have been overlooked
visible

previously. Here ends the section of the ordeal by fire. A.


305-317. Vish;m XII Ya^?iavalkya II, 108, 109.
;

The ordeal by water may be briefly described as follows:


I. This ordeal should be either performed in a tank or in a river

which has no swift current. 2. Three arrows should be discharged


from a bow of middling size. 3. After that, a strong man should
enter the water as far as his navel. The defendant should seize
him by the thigh and dive under water. 4. A swift runner should
be sent after the second arrow. When he has reached the place
where it has fallen, another equally swift runner should be sent
back with it to the place where the defendant has entered the water.
5. The defendant is declared innocent, if he has remained under
water till the arrow has been brought back. He is declared guilty,
if any one of his limbs have been seen, or if he were to emerge
from the water in a dififeient spot from that where he entered it.
6. During the proceeding, a prayer is addressed to the deity of

water, in which it is asserted, that fire arose from water, and that
the water ordeal is superior therefore to the ordeal by fire.

305. The winter season comprises the months Agrahayawa and


112 NARADA. I, 306.

which have not too swift a course, in oceans, in


ponds dug by the gods, in tanks,
rivers, in lakes, in
and in pools.
" The diving shall
306. take place after three
arrows have been discharged from a bow which
must not be too strong. Wise men (have declared)
what its strength should be.
307. A strong bow is declared to be 107
'"

(Ahgulas) long, a moderate bow 106, and an inferior


bow 105 (Arigulas). This is declared to be the rule
regarding the bow.
* 308. A strong man should be placed like a pillar
in water, reaching to his navel. The defendant should
seize him by the thigh and dive under water.

Pausha. The dewy or cold season (.S'i^ira) comprises the months


Magha and Phalguna. It appears, therefore, that the ordeal by-

water must not be performed during the period extending from the
middle of November to the middle of ^farch, i. e. during the cold
weather. This is no doubt because the low temperature of the
water during the cold weather might affect the capacity of the
defendant to hold out under water sufficiently long.
306. Devakhata, '
a pond dug by the gods,' denotes a natural
hollow or lake. (Bohtlingk's Dictionary.) Nandapaw/ita, in his
Commentary of the Vish«u-smmi (LXIV, 16), gives the well-
known lake of Pushkara, near A^mir, as an instance of a Deva-
khata.
307. It seems strange that the difference in length between the
bows should not amount to more than one Aharula or inch. The
commentators take the three numerals in this paragraph to denote
105, 106, and 107 respectively, and I have translated in accordance
w-ith this interpretation. It is, however, possible to translate the
three numerals by 500, 600, and 700 respectively, and to refer them
to the number of Hastas (i Hasta=i8 inches) traversed by each
of the three arrows. According to another text, which is wrongly
attributed to Narada by some commentators, the arrows shall be
shot at a target, which has to be placed at a distance of 150 Hastas
from the marksman.
I, 3i<3. ORDEAL BY WATER. II3

From the place where the arrows have


* 309.
been discharged, a young man endowed with swift-
ness of hmb should walk as quickly as possible to
the place where the middlemost arrow has fallen
down.
*3io. Another man, who must be an equally
swift runner, should seize the middlemost arrow and
return with it quickly to the place from which the
(first) man has proceeded.
311. he who took the arrow does not see the
If
defendant in water on arriving, because he is com-
pletely under water, the defendant must be acquitted.
* 312. Otherwise he is guilty, though only one

limb of his have become visible. (He is pronounced


guilty) equally, if he has moved to a different
place than that where he was first immersed.
* 313. Women or children must not be subjected

to the ordeal by water by persons acquainted with


the law nor sick, superannuated, or feeble men.
;

* 3 14. Cowards, those tormented by pain, and per-


sons afflicted by a calamity should also be held
exempt from this trial. Such persons perish imme-
diately after diving, because they are declared to
have hardly any breath.
*3i5. Should they even have appeared before
the court on account of a serious crime, he must
not cause them to dive under water, nor must he
subject them to the ordeal by fire, or give them
poison.
* 316. 'Nothing Is more capable than water and fire

of showing the difference between right and wrong.

316, 317. These two paragraphs contain the prayer by which


the deity of water should be addressed. A. Vish/m XII, 8 ; Ya^;7a-
valkya II, 108.

[33] I
.

J 14 NARADA. I, 317.

Because fire has arisen from the waters, therefore


suspected persons
* 317. Are subjected to this proof by preference,

by persons thoroughly conversant with the law.


Therefore deign, O venerable Lord of Waters, to
effect acquittal through truth.'

23. The Ordeal by Poison.


* 318. Now I shall proclaim the excellent rule re-
garding the ordeal by poison what time, in what : at
manner, and in what form it should be administered.
*3i9. The exact quantity of the poison (to be
given) having been fixed by persons conversant
with the essence of law, it shall be weighed, and

given to the defendant in the autumn season, when


winter sets in.

320. A man acquainted with law, must not (ad-


minister this ordeal) in the afternoon, nor in the

318-326. The ordeal by poison consists of the swallowing of


a mild poison by the defendant.He is innocent if he digests the poison
without being affected by it. Vishwu XIII Y%/7avalkya
; II, 1 1 o, 1 1 1

319. The autumn season, 6'arad, comprises the two months of


Ajvina and Karttika, or from middle of September to middle of
November. The winter season comprises the two months of
Aprahayawa and Pausha, or from middle of November to middle
of January. JNIitrami^ra, who quotes this text in the Viramitrodaya,
asserts that the term '
the winter season ' must be taken in this

place to include the dewy season, -S'i^ira, as well, i.e. the time from
middle of January to middle of March.
320. Though the season of ^arad has been referred to in par.
319, it must be reckoned among the prohibited seasons according
to par. 320. A. This observation seems to be just, because the
performance of this ordeal in the 6'arad season is prohibited in
par. 324 as well. Vasanta, the spring season, extends from middle
of INIarch to middle of INIay. Grishma, the hot season, extends
from middle of May middle of July. Varsha, the season of the
to
rains, extends from middle of July to middle of September.
I, 325. ORDEAL BY POISON. I I 5

twilight, must be avoided, likewise,


nor at noon. It
in the autumn, summer, spring, and rainy seasons.
*32i. Spoiled poison, shaken poison, scented
and mixed poison, as well as Kalaku/a and Alabu
poison, should be carefully avoided,
*322. Poison from the Srmgs. plant, which grows
In the Himalayas, of an excellent quality, having (the
required) colour, flavour, and taste, and preserving
Its natural condition, should be given to members of
the Kshatriya, Vai^ya, and .Sudra castes.
* 323. Let him give to the defendant one-eighth
less than the twentieth part of a sixth part of a Pala
of the poison, mixed with clarified butter.
* 324. Six
Yavas should be given in the rainy
season five Yavas in the hot season seven or eight
; ;

In the winter season in the autumn season this;

ordeal must not take place.


* 325. Thou, O poison, art the son of Brahman.
'

321. Spoiled, shaken, scented, and mixed poison should be


avoided, because it has been changed from its natural state (into
something different). Kalaku/a and Alabu poison should be
avoided, because it is too strong. A, Kalaku/a is a certain deadly
poison contained in a bulbous root or tuber. According to a well-
known myth, the Kalaku/a poison was produced at the churning of
the ocean, when it threatened to destroy the whole world, and was
therefore swallowed by Siva. Alabu is the bottle-gourd.
323. There are 960 Yavas to a Pala. The fraction, therefore, is

as follows: — 960 •
^ -^ f=7 Yavas. In par. 324, the author
• •

says that seven or eight Yavas of poison should be given in winter,


i. e. in that season when this ordeal is ordinarily administered.
Vish;m lays dowai generally that seven Yavas of poison should be
given.
324. This shows that the prohibition which has been
rule

320 against the performance of this ordeal in the


levelled in par.
rainy and summer seasons, must not be interpreted too strictly.
325. This is the prayer which should be addressed to the
poison. A.
I 2
Il6 NARADA. I- 326.

Truth and virtue are thy support. Clear this man


from guilt. Become (like) Ambrosia to him, through
truth.'
* 326. Let the man be kept in a shadowy place
without taking food, for the whole remainder of
the day. If he remains free from convulsions such
as are generally caused by poison, he is declared
innocent by Manu.

24. The Ordeal by Sacred Libation.


* 327. Now I shall proclaim the excellent rule
regarding the ordeal by sacred has libation, as it

been laid down, for all seasons indiscriminately, by


learned men.
* 328. The consecrated water shall be given, early
in the morning, to a virtuous man, who believes in
God. He must have fasted and bathed, and wear
his wet clothes.
* 329. The defendant should be made to drink

three mouthfuls of water in which (an image of) the


deity whom he holds sacred has been bathed and
worshipped,
* 330. If he should meet himself with any calamity

326. Here ends the chapter of the ordeal by poison. A.


327-333. Vish«u XIV; Ya^ftavalkya II, 112, 113.
327. The ordeal by sacred libation is performed by swal-
lowing three mouthfuls of consecrated water in which an idol has
been bathed. The defendant is declared innocent, if no misfortune
befalls him within a certain period after this trial.
328. Immoral persons and infidels must not be subjected to
this ordeal, because they are already deprived of the assistance of
the gods in every case. A. Read pQrvahwe in the text.

330. If any misfortune should happen to him, through the act


of the king or through fate, it shall be taken as proof of his
guilt. A. Other legislators refer in particular to illness, fire, death
I, 335. ORDEAL BY SACRED LIBATION. I I
7

within a week or a fortnight (after having under-


gone this ordeal), it shall be regarded as proof of
his Qfuilt.

*33i. If a great misfortune even should befall


him after the lapse of a fortnight, he must not be
harassed by any one, because the fixed period has
elapsed.
* 332. The drinking of consecrated water should
be avoided in the case of great criminals, irreligious
or ungrateful men, eunuchs, low rascals, unbelievers,
Vratyas, and slaves.
333. A righteous king, who administers the five
ordeals to persons charged with a crime in the way
which has been stated, acquires prosperity both in
a future state and in this life.
* The ordeal by water is destined for the hot
33 4.
season. The ordeal by poison (should be admin-
istered) in very cold weather. A Brahman should
be tested by the balance, fire is reserved for the
Kshatriya.
* 335, The ordeal by water should be administered
to the Vaii-ya. Poison should be given to the ^'udra.
He must not give poison to the Brahman, nor should
a Kshatriya take the (hot) iron.

of a relation, or punishment inflicted by the king. Nor is every


sort of disease to be considered as proof of guilt. It is obvious
that the inclusion of a punishment inflicted by the king among the
proofs of guilt tends to place the defendant at the mercy of the
sovereign power.
332. All the various categories of persons that are mentioned
here as unfit for the performance of this ordeal are so because
they are already deprived of the assistance of the gods in every
case. A. Vratyas, those who have not been invested with the thread.
333. The term '
persons charged with a crime ' may denote
both real offenders, whose offence has remained secret, and wrongly
accused persons. A.
'

Il8 NARADA. 1,336.

336. The (five) ordeals, ending with the sacred


libation and beginning with the balance, should be
administered in the case of heavy charges. One
hundred and fifty (Pa;^as) should be given (to the

defendant) he has been acquitted. One who has


if

not been acquitted is liable to punishment.

25. The Rice Ordeal.


^^'j. Now I will proclaim the rule regarding the
grains of rice which have to be chewed (by the
defendant). This rice ordeal should be administered
in cases of larceny, but on no other occasion what-
soever. That is the law.
* 338. Let the judge, who must have cleansed him-
self previously, use white grains of rice, but not (the
grains) of any other fruit, and lethim place them in
an earthen vessel in the sight of (an image of the
deity of) the sun.
339. After having mixed them with water in
which (an image of the sun-god) has been bathed,
he shall leave them in that place for a night. At
daybreak, after having prepared them three times,
a worshipper of the gods shall give them himself
(To the defendant), who must be facing the
340.
east and must have bathed and fasted, after having
proclaimed the charge himself, in order that right
may be discerned from wrong.

337-342. The rice ordeal consists of chewing a number of


grains of rice in the husk. If the tooth-flesh is hurt and if blood
issues forth, or if the man is seen to be trembling during the pro-
ceeding, it is viewed as a proof of guilt. Otherwise he is acquitted.

339. Should the reading be tri;^ kn'tva^, '


(he shall give them)
?
thrice
:

1,347* ORDEALS BY RICE AND GOLD. II9

* 341. When the defendant has chewed the grains,


he shall cause him to spit them on a leaf. If a leaf
of the holy fig-tree be not available, he shall take
a leaf of the birch-tree (for that purpose).
* 342. Should blood issue forth, or the tooth-flesh
be hurt, or the limbs shake, he must be pronounced
guilty.

26. The Ordeal of the Hot Piece of Gold.

;43.
3^ Now I shall give a description of the ordeal
of the hot piece of gold, which has been ordained
by Brahman himself for the purpose of distinguishing
virtue from vice.
* 344. (The judge), after having cleansed himself,
shall quickly pour clarified butter into a golden, silver,

iron, or earthen vessel, and shall place the vessel


on the fire.

* 345, He shall throw into it a shining coin, made


of gold, silver, copper, or iron, after having washed
it in water more than once.
* 346.
Should (the coin) ever drop into the boiling
(mixture), it would be a very dangerous thing to
touch him (the fire ?), Therefore he must address
the clarified butter with the following prayer
* 347. 'Thou art the best instrument of purifica-
tion, O clarified butter, and (comparable to) Am-

343-348. The ordeal of the hot piece of gold (Taptamasha)


derives name from the gold coin (masha) or signet-ring (mu-
its

drika), which those who are tried by this ordeal are required to
pick out of a vessel filled with a boiling liquid, with the thumb and
forefinger. They are declared innocent, if the hand remains un-
hurt.

346. The reading of the first half of this paragraph is quite un-
certain, and the above rendering conjectural.
1 20 NARADA. I, 348.

brosia at a sacrifice. Burn this man at once if he is


criminal,and be as cold as ice to him if he is innocent.'
348. If, on touching and examining the forefinger
'"

(of the defendant) it is found to be unhurt and to


show no boils, he is innocent. Otherwise, he is not
(innocent).

SECOND TITLE OF LAW.


Deposits.
"'
I. Where a man entrusts any property of his
own with another in confidence and without suspicion,
it is called by the learned a Deposit, a title of law.
2. A sensible man should make a deposit with one
who belongs to a respectable family, and who is

virtuous, acquainted with his duties, veracious,


influential, wealthy, and honourable.
3. In whatever manner a man may have delivered

348. Some writers refer to two further ordeals, besides the seven
kinds mentioned by Narada. One of them is the ordeal of the
red-hot ploughshare, which the defendant is made to lick. The
other consists of drawing lots.

II, I. With one in whom he places no confidence, a man will

not deposit a single cowry even, without the guarantee of a written


receipt or of witnesses. On the other hand, he will deposit a
thousand Suvarwas even, without a receipt or witnesses, with one
in whose honesty he places implicit reliance. A.
2. A prudent man may entrust a deposit to one endowed with
the seven qualities here mentioned, because he feels sure that he
may recover his property at any time. A. The term mahapaksha,
'
influential,' means literally one who has many friends and relations.
Identical with INIanu VIII, 179.
3. Thus, e. g. a sealed deposit must be returned with the seal, a
deposit made before witnesses must be restored in the presence of
the same witnesses. See Jolly, translation of Book VIII of the
Code of Manu. Identical with IManu VIII, 180.
II, 7- DEPOSITS. I 2 I

any of his effects to another, in the same manner


shall that article be restored to him. Delivery and
receipt ought to be equal.
4. If the depositary fails to restore the deposit to
the depositor as he ought, he shall be compelled to
restore by forcible means, after his
it guilt has been
proved by ordeals or other (modes of proof).
'"5. one article hidden in another is deposited
If
in another man's house, without stating (what it is),
it is termed an Aupanidhika deposit.

* 6, Deposits are again divided into two species,


attested and unattested ones. They must be restored
precisely in the sam.e condition (as they were in at
the time of their delivery). Otherwise an ordeal
must take place.
* 7. The wicked man who does not return a
deposit, on being asked to do so by the depositor,
shall be punished by the king. If the deposit has

4. Where the depositary, actuated


by interested motives, refuses
to restore the deposit, and is convicted of his guilt in a court of
justice, by an ordeal or by other proof, he must restore it and pay
twice its value as a fine. A. Manu VIII, 190.
5. 'One article hidden in another,' such as e.g. a pearl neck-
lace tied up with a Such a
particular sort of knot in a cloth.
deposit must be restored in the
same condition as before, and tied
with those very knots with which it was originally delivered. A.
Ya^wavalkya II, 65.
6. If a deposit has been handed over to the depositary in the
presence of witnesses, it must be restored before witnesses. If no
witnesses were present at the time of its dehvery, they may be
equally dispensed with at the time when it is returned to the
depositor. If it is not returned to him, the depositary must
perform an ordeal or make an oath, &c. A.
7. The last clause concerns a deposit which has not been

returned on demand. In that case, a calamity arising through


fate or the king affects the depositary, and not the depositor. A.
Manu VIII, 191; Vishwu V, 169-17 1.
122 NARADA. 11,8.

been lost or destroyed, he shall make good its

value.
'"
8. If from a deposit, by using
he derives profit

it without the consent of the depositor, he shall be

punished likewise, and shall restore the profit,


together with interest, to the depositor.
9. If a deposit is lost, together with the property
'"

of the depositary, the loss shall be the depositary's.


The same rule shall obtain, if the loss has been
caused by fate or by the king ; unless (the de-
positary) should have acted fraudulently.
10. The depositor being dead, if the depositary
restores the deposit to his next-of-kin, of his own
accord, he must not be harassed either by the king
or by the relations of the depositor.
11. (The rightful owner) shall try to recover it

amicably, without resorting to stratagems. Or he


shall explore (the depositary's) mode of living, and
cause him to restore it by friendly expostulations.

8. If the depositary without the knowledge of the depositor


derives gain from the use of the deposit he shall be punished, and
shall make over his gain, together with interest, to the depositor. A.
Ya^wavalkya II, 67.

10. If, the depositor being dead, the depositary through honesty
restores the deposit to his nearest relative and heir, without having
been asked to do so, or without the existence of the deposit being
known to the heir, he must not be harassed by the relatives of the
depositor asserting, '
He has not restored all,' or by the king. A.
Manu VIII, 186.
11. Naraya;/a, in commenting on IManu VIII, 187, observes that
this rule applies to one who believes a deposit to be with another,
but has not made it over himself. He shall try to recover the
deposit amicably ; or he shall ascertain whether the depositary has
made extraordinary expenses, and may therefore be suspected to
have embezzled the deposit. Other commentators explain this
text in a different manner. See Professor Buhler's note on Manu
VIII, 187. Nearly identical with Manu VIII, 187.
11,15. DEPOSITS. 123

12. What has been stolen by thieves, carried


away by water, or burnt by
need not be restored fire,

(by the depositary), unless he should have appro-


priated something out of it.
* 13. He who fails to restore a deposit, and he
who demands what he never deposited, shall both
be punished like thieves, and shall be made to pay
a sum equal (in amount to the value of the deposit).
* 14. The same law applies in the case of Ya/'ita,
Anvahita, and other such deposits, articles made
over to an artist, Nyasa and Pratinyasa deposits.
'"
15. If a man takes charge of a wealthy boy, the
law is also the same. These six cases are equal
(from a legal point of view).

12. If, however, he is convicted, by the performance of an ordeal,


of having derived some profit from the deposit, he shall restore his
gains. A. Nearly identical with Manu VIII, 189.
13. Either of the two criminals here mentioned must be punished
like a thief and pay the value of the deposit as a fine. A. Nearly
identical with IManu VIII, 191.
14. Ya/('ita is what has been borrowed for use, especially clothes
and ornaments, which have been borrowed on the occasion of a
wedding or other festival. Anvahita is a deposit, which has been
delivered by the depositor to a third person, on condition of its

being returned afterwards to the owner. 'Articles made over to


an artist' are worked by an artizan, as e.g. gold
materials to be
delivered to a goldsmith to be made
into an earring. Nyasa is a
secret deposit, which has been handed over to some one inhabitant
of the house, behind the back of the house-owner. Pratinyasa is a
mutual bailment, both parties exchanging deposits with one another.
Asahaya, Vi^77ane.fvara, INIitramij-ra, &c. Ya^ilavalkya II, 67.
15. If a man takes a wealthy boy who has no guardian into his
house, the property of the boy is subject to the above rules re-
garding deposits. A.
124 NARADA. Ill, i.

THIRD TITLE OF LAW.


Partnership.

* I. Where traders or others carry on business


jointly, it is called Partnership, which is a title

of law.
* 2. Where several partners are jointly carrying
on business for the purpose of gain, the contribution
of funds towards the common stock of the associa-
tion forms the basis (of their undertakings). There-
fore let each contribute his proper share.
'"'
3. The
expenses, and profit of each partner
loss,

are either equal to those of the other partners, or


exceed them, or remain below them, according as
his share is equal to theirs, or greater, or less.
* 4. The stores, the food, the charges (for tolls

and the the loss, the freight, and the expense


like),

of keeping valuables must be duly paid for by each


of the several partners, in accordance with the terms
of their agreements.
""
5. (Each partner) is responsible for what has been

III, Thus, e.g. a principal amounting to 1000 Drammas is


2.

invested in their common business by four partners. One con-


tributes one-half of the principal, i.e. 500 Drammas. Another
contributes one-fifth, i.e. 200 Drammas. A third contributes 200
Drammas likewise. A fourth contributes 100 Drammas. The per-

centage of the gain and of the charges will be in accordance with


the share contributed by each partner. A.
3. Manu Vni, 211 ; Ya^?1avalkya
259.II,

4. The expense incurred by the purchase of merchandise, for


food, &c., has to be defrayed by all the partners in due shares,
according to the terms originally agreed on, and the several shares
contributed by them. A.
5. He who causes the loss of funds contributed by all the
partners must make it good, and so must he who has infringed
111,9. TARTNERSHIP. 1
25

lost by his want of care, or In consequence of his


acting- against the instructions of, or without autho-
rization from, all the other coparceners.
* 6. Where the property of the partnership is in

danger through fate, through a gang of robbers, or


through the king, the tenth part of the goods shall
belong to him who has preserved them through his
own exertion,
* Should one partner meet with an accident,
7.

his heir shall replace him or on failure of an heir, ;

another man, or all (the partners) if they are capable


(of becoming his substitute).
S. In the same way, where an officiating priest
''"'

has met with an accident, another (priest) shall


officiate for him, and receive from him his part of
the fee to the stipulated amount.
9. Where an officiating priest forsakes a sacri-
'"

the rules of the society, or who has caused a loss by acting without
authorization from his partners. A. Ya^?lavalkya II, 260.
6. If any one member of the society exerts himself to guard
their common property against a fire, or against a gang of robbers,
or against an encroaching prince who wants to seize it, he shall
receive a tenth part of it, as a reward for his trouble. A. Yagfia.-

valkya II, 260.


7. Should any one among the partners die, his sons or other
heirs shall take his share. Failing heirs, it shall belong to any
other partner, who is able to officiate for him. Or, if all are able
to officiate for him, they all shall take it together. A, Ya^/lavalkya
II, 265.
8. If among several officiating priests one should meet with a
calamity, his share of the work shall pass to another, and the
stipulated fee shall also belong to his substitute. A. IManu VIII,
206.
9. If the case of an officiating priest or sacrificer who has left

the other party from anger, avarice, or some other reprehensible


motive, and without delinquencies on the part of the other party,
be brought before the king, he shall punish him. A. Manu VIII,
389; Ya^Tlavalkya II, 237; Vishwu V, 113.
;

126 NARADA. Ill, 10.

ficer, who Is no offender and free from guilt, or where


(a sacrlficer) forsakes a faultless priest, they shall both
be punished.
* lo. There are three sorts of officiating priests :

one honoured by previous generations, one appointed


by {the sacrificer) himself, and one who performs
the functions of a priest of his own accord through
friendship.
* II.
This law applies to hereditary and self-
chosen priests. But it is no sin to abandon a priest
officiating of his own accord.
*i2. A trader on reachinof a toll-house should
pay the legal duty. A prudent man must not try
to evade it, (because) it is called the (king's) tax.
13. If he evades a toll-house, or if he buys or
*"

sells at another than the legal hour, or if he does

not state the value (of his goods) correctly, he shall


be fined eight times the amount which he tried to
evade.

11. In the case of those officiating priests who have been em-
ployed by the ancestors of the sacrifices, i. e. who are hereditary in
his family, and in the case of those who have been chosen by
himself the punishment ordained for forsaking a priest should be
inflicted. But if the sacrificer abandons one who officiates for him
from friendship, and employs in his place one better qualified, or
more acceptable to himself, awarding to him the stipulated fee, he
is free from blame. A.
12. A duty is the king's due, and traders must not defraud the
king of it. A.
13. There are three ways for evading a duty : one, if a merchant
avoids a toll-house and thus escapes paying the ordinary toll

another, if he buys or sells at an unseasonable time a commodity


on which he has not paid the customary duty ; a third, if he does
not state correctly the amount or value of his goods or chattels.
A merchant, who has committed any one out of these offences,
shall pay eight times the amount of the duty embezzled by him as
a fine. A. Manu VIII, 400; Ya^jlavalkya II, 262.
; ;

in, i8. PARTNERSHIP. 1


07

14. It is man should always


declared that a wise
abstain from levying a on that property of a toll

learned Brahman which belongs to his household


but not (on that which he uses) for trading purposes.
15. The alms received by Brahmans, the pro-
perty of stage players, and what is capable of being-
carried on one's back on all that he must raise no
;

duty.
* 16. If a travelling merchant who has come into
his country should die there, the king shall preserve
his goods till the heir comes forward.
* 17. On an heir, he must make them
failure of
over to his relatives or connexions. On failure of
them, he shall keep them well guarded for a period
of ten years.
'"
18. When such property without an ow^ner, and
Vv^hich is not claimed by an heir, has been preserved
for ten years, the king may keep it for himself.
Thus the sacred law will not be violated.

14. The term 6"rotriya, ' a learned Brahman,' applies to Brahmans


generally in this place. All the chattels of a Brahman, except
what belongs to the household furniture, are liable to pay duty.
Likewise, he imports and exports goods in trading, those goods
if

have to pay duty. A. Manu VII, 133; Apastamba II, 10, 26, 10;
Vasish/Aa XIX, 23; Vish;m III, 26.

15. The following three descriptions of property shall be exempt


from taxation : alms received by Brahmans, no matter how great
their value ; the property of actors, singers, and the like persons
and what may be carried on the shoulders by any one. A. Vasish///a
XIX, 37.
18. Read adayadaz?^ in the text.
;

128 NARADA. IV, I.

FOURTH TITLE OF LAW.


Resumption of Gift.

""I. Where a man wishes to resume what he has


given, because it has been unduly given by him, it
is called Resumption of Gift, a title of law.
* 2. What may be given and what not, valid gifts

and invalid gifts ; thus the law of gift is declared


fourfold in judicial affairs.
* 3. Again, what may not be given is eightfold
what may be given is of one kind only ; of valid
gifts there are seven species ; and sixteen sorts of

invalid gifts.
* 4. An Anvahita deposit, a Ya/'ita, a pledge, joint
property, a deposit, a son, a wife, the whole property
of one who has offspring,
* 5. And what
been promised to another
has
man these have been declared by the spiritual guides
;

to be inalienable by one in the worst plight even.


''•
6. What is left (of the property) after the ex-
pense of maintaining the family has been defrayed,

IV, I. '
Unduly means
' in a mode opposed to law. INIitSkshara,

Viramitrodaya, Mayukha, &c. Manu VIII, 214.


2. '
Valid gifts,' literally '
what is given.' '
Invalid gifts,' literally

'
what is not given.'
4. For the meaning of the technical terms, Anvahita and Ya/^ita,

see II, 14. The prohibition of such gifts as would leave the family
destitute appears to relate principally to charitable donations and

religious endowments.
4-6. Ya^jlavalkya II, 175.
That only may be given which is left after the cost of living
6.

has been defrayed for those whom the head of the family is bound
to support. Any gift, on the other hand, which causes hardship to
the family, is reprehensible, and not meritorious. A.
;

IV, 9- RESUMPTION OF GIFT. I 29

may be given. But by giving away anything be-


sides, a householder will incur censure.

7. He who has, for three years, property sufficient


to provide for those whom he is bound to maintain,
or who has even more than that, shall drink the
Soma juice.
* 8. The price paid for merchandise, wages, (a

present offered) for an amusement, (a gift made) from


from gratitude, or for sexual intercourse
affection, or
with a woman, and a respectful gift, are the seven
kinds of valid gifts.
* 9. Invalid gifts are the following (sixteen) : what

7. This rule applies to those cases where there is more wealth


than what suffices to maintain the family. A. Manu XI, 7
Ya^jlavalkya 124 Vasish//^a VIII, 10 Vish;/u LIX,
I, ; ; 8.

8. Those gifts only are valid which have been made in one of
the seven modes here mentioned. The sixteen other modes of
gift are illegal. A. '
A present offered for an amusement,' i. e. what
has been given to bards, eulogists, and the like persons. '
A gift

made from affection,' to a daughter or other relative. Virami-


trodaya, &c. Instead of stribhakti, '
sexual intercourse with a
woman,' the MSS. of Vulg. and the quotations read struulka, '
a
nuptial gift presented to the relations of the wife.'
9-1 1. I. Fear,' as e. g. if an honest man promises one hundred
'

drachmas to a ruffian who addresses him, while he is passing


through a forest, with the words, If thou givest me one hundred '

drachmas, thou shalt live. Otherwise, thou shalt die.' 2. Anger, '

or hatred:' if a man, actuated by jealousy, says to aBrahman, to

whom his wife has offered a seat, ' All the furniture which you see in

this house shall be yours.' 3. '


Sorrow:' if a man, in a heavy afflic-

tion, declares, '


I will go into the forest. My house has been given
to Brahmans to-day.' 4. '
Pain
:

' a man distressed by a painful


illness, says to a Brahman, '
I have given thee one hundred
iSuvarwas.' 5. 'A bribe:' a litigant says to an assessor of the
court, '
I will give thee one hundred Pa«as if my cause is declared
victorious by thee.' 6. '
In jest,' what has been laughingly given.
7. '
Under false pretences,' as e. g. under the following circum-
stances : —A libidinous man is enamoured of a public woman, by
the name of A'iatama?l^^ari (' Mango Bud '). He is deprived of her

[33] K
'

130 NARADA. IV, 10.

has been given by a man under the influence of fear,


anger, hatred, sorrow or pain or as a bribe or in ; ;

jest ; or fraudulently, under false pretences ;

* 10. Or by a child or by a fool or by a person


; ;

not his own master or by one distressed or by one


; ;

intoxicated ; or by one insane ;


or in consideration of
a reward, thinking '
This man will show me some
;

service
*ii. And so is invalid what was given from ig-

norance to an unworthy man thought to be worthy,


or for a purpose (thought to be) virtuous.
* 12. Both the donee who covets invalid gifts and
accepts them from avarice, and the donor of what
ought not to be given who yet gives it away, deserve
punishment.

by a Thakur, and is bewailing his separation from her. Some one


asks him whether he will make him a present of a ring, in case he
should bring A'utama??^ari before him. He promises to give the
ring and offers a surety for it. Thereupon the other exhibits a
Mango bud (A'utamajl^ari) to him, instead of the woman A'uta-
maf/^ari. 8. What was given by a child. What was given by
9.

a fool. 10. What was given by a person not his own master.
II. What was given by one distressed, as e.g. if a man being
carried away by a current of water exclaims, '
I will give one
hundred Suvarwas to any one who 12. What was saves my life.'

given by one inebriated. 13. What was given by one insane or


possessed by a demon. 14. What was given through a hope of
recompense, in expectation of some service to be performed by
the donee. 15. What was given to an unworthy man, from
ignorance, as e. g. to a -S'fidra, whom the donor fancied to be a

Brahman, because he saw him girt with the sacred thread. 16.
What was given for a purpose (thought to be) virtuous, as e. g. if
a devout man has made a religious endowment, and the donee
employs it for gambling or libidinous purposes. A. Other jurists
construe these texts somewhat differently, in order to obtain
the sixteen sorts of void gifts distinguished by Narada. Manu
VIII, 212.
V, 6. RESUMPTION OF GIFT ; SERVICE. I 3 j

FIFTH TITLE OF LAW.


Breach of a Contract of Service.
* I. If a man has promised to render service and
fails to render it, it is termed Breach of a Contract
of Service, a title of law.
* The
sages have distinguished five sorts of
2.

attendants according to law. Among these are four


sorts of labourers the slaves (are the fifth category,
;

of which there are) fifteen species.


* 3. A student, an apprentice, a hired servant,
and fourthly, an official these must be regarded as
;

labourers ;
slaves are those born in the house and
the rest.
* 4. The sages have declared that the state of de-
pendence is common to all these; but that their
respective position and income depends on their
particular caste and occupation.
5. Know that there are two sorts of occupations
"^^

pure work and impure work. Impure work is that


done by slaves. Pure work is that done by labourers.
*
" 6. Sweeping the gateway, the privy, the road,

V, 1-4. Persons bound to obedience. A.


3. ' A student,' one studying divine science. '
A pupil,' an
apprentice. Viramitrodaya, &c.
4. Their respective position depends on their caste, and their
income depends on their occupation. A.
5-7. Unclean occupations. A.
6. The term sweeping' has to be construed
'
with all four nouns,
the gateway and the rest. 'The
or other privy,' i.e. a hole
receptacle of impure substances. The place for rubbish,' i.e. a '

place where the dust and other sweepings from


the house are
deposited. Viramitrodaya,

K 2
132 NARADA. V, 7,

and the place for rubbish shampoouig the secret ;

parts of the body gathering and putting away the


;

leavings of food, ordure, and urine,


* 7. And lastly, rubbing the master's limbs when
desired ; this should be regarded as impure work.
All other work besides this is pure.
* 8. he has mastered science, let a student
Till
attend diligently on his teacher. The same conduct
has to be observed by him towards his teacher's
wife and son.
* 9.
Let him preserve chastity and beg alms, lying
on a low couch and using no ornaments. Let him
go to rest after and rise before all (others who are
staying at) his teacher's house.
* 10. Let him never come or stay without his
teacher's bidding. His (teacher's) call he must obey
without hesitation, when he is able to do so.
11. Let him read at the proper time, when his
teacher is not averse to it, sitting on a lower seat
than his teacher, by his side, or on a bench, and
paying attention (to what he says).
12. Science, like the current of a stream, is con-
stantly advancing towards the plain. Therefore, let
one studying science be humble towards his teacher.
* 13. His teacher shall correct him, if he does not

8. He must obey his teacher's wife and son, as much as the


teacher himself. A,
8-1 1. Vish?m XXVIII, and the references in the Notes to that
Chapter.
9-15. Rules of conduct for a student. A.
12. 'The current of a stream,' meaning a river, advances into
the plain, and so does science. Therefore one engaged in studying
it should always be lowly and humble. A.
13-14. Gautama II, 42-44; Apastamba I, 28, 29, 31; Manu
VIII, 299, 300.
V, i8. CONTRACTS OF SERVICE. I T, :»

pay obedience to him, scoldincr him or chastisino-


him with a rope or with a small shoot of cane.
14. (The teacher) must not strike him a heavy
blow, nor (must he beat him) on a noble part or on
the chest and he must encourage him, after having
;

chastised him. Otherwise the king shall punish him.


*i5. After having completed his studies, let him
give the customary present to his teacher and turn
home. The conduct of a pupil has been declared.
* 16. If (a young man) wishes to be initiated into
the art of his own craft, with the sanction of his
relations,he must go and live with a master, the
duration of his apprenticeship having been fixed.
'""

1 7. The master him at his own house


shall teach
and feed him. He must not employ him in work
of a different description, and treat him like a son.
*i8. If one forsakes a master, who instructs him

13. Scolding him, i.e. abusing him. A. The Nepalese MS. has
a better reading of this clause :
'
Or he shall beat him ^vithout
hurting him, with ' &c.
14. A teacher, though angry, must not strike his pupil severely,
nor on a noble part, nor on the chest. After having beaten him, he
must again encourage him. If the teacher, actuated by an excess
of anger, beats him too severely, the pupil shall announce it to the
king, who shall punish the teacher. A.
15. Manu II, 245; Ya^uavalkya I, 51 Apastamba I, 11, 30, i ;
;

Gautama IX, i Vish/m XXVIII, 42.


;

16-21. Rules for an apprentice. A.


16. The teacher must make an agreement in this form, 'Let this

apprentice stay with me so and so long.' Viramitrodaya.


17. The teacher shall cause the pupil to do the work peculiar to
his own profession, and no other work, and shall feed him and
instruct him at his own house. He shall treat him like a son, and
not like a labourer. A.
1 8. though the latter has not
If a pupil forsakes his teacher,
committed a mortal sin or other heavy crime, the teacher may
compel him by forcible means to remain at his house. A.
134 NARADA. V, 19.

and whose character Is unexceptionable, he may be


compelled by forcible means to remain (at the
master's house), and he deserves corporal punish-
ment and confinement.
"19. Though his course of instruction be com-
pleted, an apprentice must continue to reside at the
house of his master, till the fixed period has expired.
The profit of whatever work he may be doing there
belongs to his master.
* 20. When he has learnt the art of his craft
within the (stipulated) period, the apprentice shall
reward his master as plentifully as he can, and
return home, after having taken leave of him.
21. Or, a certain fee having been agreed upon
and the skill of the pupil examined, the apprentice
shall take (his fee)and shall not go to live in the
house of another man.
*22. Hired servants are of three kinds: highest,
middlemost, and lowest. The wages due for their
labour are fixed in proportion to their skill and to
the value of their services.
*2 3. Soldiers constitute the highest class, agricul-

turists the middle class, and porters the lowest class.

These are the three classes of hired servants.

19. The whole gain of that work which is done by the apprentice
while staying at the house of his master after completing his course
of instruction, belongs to the master, and not to the apprentice. A.
Ya^navalkya II, 184.
20. After the lapse of the stipulated period, i.e. when the time
fixed for his apprenticeship has expired. A.
21. The apprentice shall receive whatever fee has been agreed
upon, after his skill has been examined by the master. A. The
only MS. of the earlier recension of the Narada-smmi breaks off at
thisparagraph. The remainder of the present translation has been
done from the more recent recension of the Narada-smr/ti. See
Introduction.
Y, 26. CONTRACTS OF SERVICE. 1 35

"•24. appointed to manage the property (of


One
the family) and to superintend the household, must
also be reearded as a labourer. He is also termed
Kau/umbika (the general family servant).
25. Thus have the four classes of servants doing
'"

pure work been enumerated. All the others do


dirty work and are slaves, of whom there are fifteen
kinds.
'""26. One born at (his master's) house; one pur-

24. '
The property,' meaning fields or ready money, &c. '
One
appointed to manage it,' i. e. one deputed to administrate it.

Viramitrodaya, p. 405.
26-28. '
One born at (his master's) house,' one born of a female
slave in the house (of her master). * One received (by gift),' one

obtained by the acceptance of a gift and the like. One obtained '

by inheritance/ a slave of the father or other ancestor. One '

maintained during a general famine,' one whose life has been


preserved, during a period of dearth, in order that he might do
service (for his preserver). One pledged by his rightful owner,'
'

one reduced to the condition of a pledge, for a loan received (by

his master). '


One released from a heavy debt,' one enslaved for
debt, whose debt has been paid and who has thereby become the
slave (ofhim ^vho paid the debt). One made captive in a fight,' '

one defeated in a combat and enslaved by the victorious party.


'
One won through a wager,' one gained through the success of a
cause, which was preceded by an agreement in this form, If I am
'

defeated in this quarrel, I will be thy slave.' '


One who has come
forward declaring, " one who has promised of his
I am thine," '

own accord to become the slave of another man. An apostate '

from asceticism,' one who has forsaken the order of religious

ascetics. One enslaved


'
for a stipulated period,' one obtained

through an agreement in this form, '


I will be thy slave for such a
space of time.' One who has become a slave in order to get a
'

maintenance,' one who has offered himself as a slave, on condition


that food shall always be given to him. One enslaved on account '

of his connexion by a female slave is meant


with a female slave:'
a female house-slave one enslaved for connexion with her is one
;

who has married her through love, and has thus been reduced to
the status of a slave. One self-sold is one who has sold himself.
'
'
;

136 NARADA. Y, 27.

chased one received (by gift) one obtained by


; ;

inheritance; one maintained during a general famine;


one pledged by his rightful owner
2 7. One released from a heavy debt one made
"'•
;

captive in a fight one won through a wager one


; ;

who has come forward declaring, I am thine an ' ;


'

apostate from asceticism one enslaved for a stipu- ;

lated period ;

*28. One who has become a slave in order to


get a maintenance ; one enslaved on account of his
connexion with a female slave and one self-sold.
;

These are the fifteen classes of slaves as declared


in law.
'"29. Among these, the four named first cannot
be released from bondage, except by the favour of
their owners. Their bondage is hereditary.
Should any one out of them (however) save
'"'30.

his master'slife, when his life is in peril, he shall

be released from slavery and shall take a son's


share (of his master's wealth).
*3i. One maintained during a famine is released
from bondage if he gives a pair of oxen. It is not

These are the fifteen species (of slaves). Mitakshara, p. 268.


Manu VIII, 415.
30. This rule is applicable to any of the fifteen sorts of slaves.
Mitakshara, p. 269. Other commentators cite an encounter with
a tiger as an instance of a perilous situation. The slave, in order
to obtain release from slavery, must have risked his own life in

rescuing his master.


31. The objection that a slave cannot give a pair of oxen, as he
has no property of his own according to Narada himself (V, 41),
may be met by the argument that the dominion of slaves over
affectionate gifts and the like is universally acknowledged, just as
the right of a woman to dispose of Stridhana given to her as an
affectionate present. See the gloss on this text in Colebrooke's
Digest, III, I, 43.
V, 39' CONTRACTS OF SERVICE. I 37

by labour (alone) that the value of the food con-


sumed during a famine can be repaid.
'•'32. One pledged (is released) when his master
redeems him by discharging the debt. If, however,
he causes (the pledgee) to take him in lieu of pay-
ment, he becomes equal to a purchased slave.
* ^^. It is by paying his debt with interest, that
a debtor is released from slavery. One enslaved
for a stipulated period recovers freedom on the
expiration of that period.
* 34. One who has come forward declaring, ' I am
thine,' one made a prisoner in war, and one won
through a wager, these are released on giving a
substitute whose capacity for work is equal to theirs.
*35. An apostate from asceticism shall become
the king's slave. He can never be emancipated,
nor is there any expiation of his crime.
*36. One who has become a slave in order to
get a maintenance, is released at once on giving up
the said subsistence. One enslaved on account of
his being connected with a female slave is released
on parting with her.
'^T)'/. That wretch who, being Independent, sells

himself, is the vilest of slaves. He cannot be re-

leased from bondage.


''
Those who are sold after having been
^S.
captured by robbers, and those who are enslaved
by forcible means, must be emancipated by the king.
Their slavery is not legal.

*39. In the inverse order of the (four) castes,

33. Y%;7avalkya II, 182. 35. Ya^?7avalkya 11, 183.


36. The IVIitakshara (p. 270) declares that sexual intercourse
with a slave is prohibited. Ya^;7avalkya II, 182.
38. Y%;7avalkya II, 182.
39. As a man of the highest caste may marry a wife of an
I 38 NARADA. V, 40.

slavery is not ordained, except where a man violates


the duties peculiar to his caste. Slavery (in that
respect) is analogous to the condition of a wife.
*40. If one not his own master offers himself (as
a slave), saying, '
I am thine,' he (to whom he has
offered may not dispose
himself) of him. His
former master may recover him when he likes.

*4i. Three persons are declared to have no pro-


prietary right : a wife, a slave, and a son. What-
ever property they acquire shall be made over to
him to whom they belong.
*42. He who pleased in his mind wishes to
emancipate his own slave, shall take from his
(the slave's) shoulders a jar filled with water and
smash it.

*43. He head with the water,


shall sprinkle his
which must contain whole grain and flowers, and

inferior caste or of his own caste, whereas a woman of the highest


caste is forbidden to marry a man of inferior caste, the same
rule should be observed with regard to a slave. Viramitrodaya,
p. 406. An ascetic who violates the duties of his order is liable to

become the slave of his inferior in caste even. INIitakshara, p. 271.

Yag'wavalkya II, 183; ]\Ianu VIII, 410-414.


40. If a man, afterhaving promised to become the slave of one
man, enters the service of another man afterwards, that other man
must relinquish him. One not his own master,' i. e. the slave of
'

another man. Viramitrodaya, p. 411.


41. According to the standard commentators the purport of this
rule is merely to indicate the want of independence of wives, sons,
and slaves in the disposal of their property. See Professor Biihler's
note on Manu VIII, 416. Identical with I\Ianu VIII, 416.

42. 43. The breaking of a water-pot which the slave is carrying


on his shoulder is said to be indicative of the discontinuance of the
former slave's office to carry water. The solemn smashing of a
water-jar (gha/a-spho/a) forms the principal part of another
ceremony of a totally different character as well, viz. of the
ceremony of expulsion from caste.

VI, 4- SERVICE ;
WAGES. I
39

having declared him a free man three times, he


shall dismiss him with his face turned towards the
east ^

SIXTH TITLE OF LAW.


Non-payment of Wages.
*,i. A series of rules will be stated (next) for the
payment and non-payment of labourers' wages. It
is termed Non-payment of Wages,' a title of law.
'

* 2. A master shall regularly pay wages to the

servant hired by him, whether it be at the com-


mencement, at the middle, or at the end of his w^ork,
just as he had agreed to do.
* 3. Where the amount of the wages has not been
fixed, (the servant of) a trader, a herdsman, and an
agricultural servant shall respectively take a tenth
part of the profit (derived from the sale of mer-
chandise), of the seed of cows, and of the grain.
* 4. Their implements of work, and whatever else

^
The Indian MSS. and some quotations insert the following para-
graph here, which is omitted in the Nepalese MS. and in other

quotations :

"
*44. From that time let it be said that this slave is cherished
by the favour of his master. His food may be eaten, and presents
accepted from him, and he shall be respected (by worihy persons).'
VI, 2. When the amount of the wages has been fixed by an agree-
ment in this form, '
I will give thee thus much,' it shall be divided
into three parts,and one part be given on three occasions, viz. at

the commencement, middle, and end of the labour. This rule is


applicable where the amount of the wages has been fixed. The next
paragraph states the rule for those cases where the amount of the
wages has not been fixed. Viramitrodaya, p. 414.
3. The strange term '
the seed of cows '
denotes cows' milk
according to the commentators. Ya^/zavalkya 11, 194.
4. The phrase '
whatever may have been entrusted to servants
for their business '
is explained as referring to grain and the like
140 NARADA. VI, 5.

may have been entrusted to them for their business,


they shall employ with due care and not neglect
them wantonly.
'"
5. If one
perform such work as he had
fails to

promised to do, he shall be compelled to perform it,


first paying him his wages. If he does not perform
it after having taken wages, he must pay back twice

the amount of his wages.


" 6. One who abandons merchandise which he
had agreed to convey to its destination, shall give a
sixth part of the wages. (An employer) who does
not pay the wages which he had agreed to give
shall forfeit those wages together with interest.
* 7. A merchant who does not take a conveyance

used for agriculture. It appears from the preceding paragraph that


business of every sort is intended. Ya^;/avalkya II, 193.
5. Manu VIII, 215; Apastamba II, 11, 28, 2-3; Vish;m V,
153. 154 ; Ya^«avalkya II, 193.
6. The Ratnakara refers the second half of this paragraph, like
the first half, to the special case of wages or hire promised to the
carrier for the transport of goods. See Colebrooke's Digest, III,
I, 92. Ya^;7avalkya II, 198.
7. 'A conveyance,' a cart or the like. 'Beasts for draught or
burden,' horses or others. When a man hires the conveyance, &c. of
another for the purpose of transporting merchandise, and does not
transport the merchandise afterwards, because he has promised to
pay an excessive hire, he shall pay a fourth part of the promised hire
to the owner of the conveyance. When, however, he takes the
conveyance and leaves it, after having completed one half of the
journey, he shall have to pay the whole of the hire. Viramitrodaya,
p. 420. Ya^;7avalkya 11, 198. Of vv. 6, 7, the Nepalese MS. has
an entirely different version, as follows :
' * 6. One who abandons
his work before the expiration of the term, forfeits his wages. If
it is through the fault of his employer that he strikes work, he shall
be rewarded for as much as has been finished by him. 7. He who
leaves on the road that which he had undertaken to transport, shall
give a sixth part of the (stipulated) wages. An employer who does
not pay (wages) after having set the workman to work, (shall be
;

VI, II. NON-PAYMENT OF WAGES. 141

or beasts for draught or burden, after having hired


them, shall be made to pay a fourth part of the
hire and the whole, if he leaves them half-way,
;

'""
8. And so shall a carrier who fails to transport
(the goods entrusted to him) forfeit his wages. He
shall be compelled to pay twice the amount of his
wages, if he raises difficulties at the time of starting.
* 9. When the merchandise has been damaged by
the carrier's fault, he shall have to make good every
loss, not including such losses as may have been
caused by fate or by the king.
'"
10. For (tending) a hundred cows, (a heifer shall

be given to the herdsman) as wages every year


for (tending) two hundred (cows), a milch cow (shall
be given to him annually), and he shall be allowed
to milk (all the cow^s) every eighth day.
*ii. Those (cows) which a cowherd takes to

compelled to pay) the wages together with interest.' This is

probably the true reading, as paragraphs 6 and 7 are quoted in this


form in theViramitrodaya and in Colebrooke's Digest respectively.
8. According to the INIitakshara (p. 280), the excessive fine
ordained in the second half of this paragraph shall be inflicted
when a man raises obstacles on specially important occasions, such
as a wedding, or the auspicious time for undertaking a journey.
Ya_^;7avalkya II, 197,
9. ' Merchandise,' pearls or other commodities which are to be
transported. 'Damaged,' i.e. destroyed. In the terms 'mer-
chandise '
and * carrier,' which are successively used in this para-
graph, a bull and a husbandman are included by implication. Thus
it is declared in the Madanaratna. Viramitrodaya, p. 418. What
the Madanaratna means is this, that the responsibility of a husband-

man for a bull used by him for the purposes of agriculture is


analogous to the responsibility of a carrier for the goods he has
undertaken to transport. Vish;m V, 155, 156; Ya^«avalkya
II, 197.
10. Manu VIII, 231.
11. Manu VIII, 230; Ya^?7avalkya II, 164.
142 NARADA. VI, 12.

pasture every day when the night is over, he shall


take back again in the evening, after they have
eaten (grass) and drunk (water).
*I2. If such a cow meets with an accident, he
shall struggle to protect her as best he may. If he
is unable (to rescue her) he shall go in haste to
announce it to his master.
*i3. Should he neither struggle to protect (the
cow), nor raise a cry, nor announce it to his master,
the herdsman must make good the value of the cow
(to the owner), and (must pay) a fine to the king.
* 14. But the herdsman alone shall make good

(the loss of an animal) which has strayed, or been


destroyed by worms, or slain by dogs, or met its
death (by tumbling) into a pit, if he did not duly
exert himself (to prevent such accidents).
*I5. So if goats or sheep are surrounded by
wolves, and the herdsman does not come (to their

assistance), he shall be responsible for any (animal)


which a wolf may attack and kill.

12. He shall struggle to protect the cow, and if unable to pro-


tect her he shall raise an alarm. Ratnakara. See Colebrooke's
Digest, III, 4, II.
13. The second half of this paragraph is read as follows in the
Nepalese jNIS. : 'The herdsman is to blame in that case, and he
shall make good the loss.'
14. Nearly identical with Manu VIII, 232, Read nash/ara in
the text. The Nepalese MS, here inserts the following paragraph,
which is nearly identical with Manu VIII, 234: 'If cattle die, let

him give everything to the owner the tail, skin,


: the hindpart, the
thigh, the bladder, tendons, and yellow concrete bile, and let him
point out their particular marks.'
15. Identical with Manu VIII, 235. The Nepalese MS. adds
the following paragraph, which is nearly identical with Manu VIII,
236: 'If they graze together in the forest, without being kept in
order, and a wolf, suddenly jumping on one of them, kills it, the
herdsman shall be free from blame in that case.'
VI, 21. NON-PAYMENT OF WAGES. I43

* 16. But for (an animal) seized by robbers, though


he raised a cry, the herdsman shall not be bound to
pay, provided he gives notice to his master at the
proper place and time.
*i7. It is according to these principles that all

disputes arising with herdsmen have to be settled.

In case of the (natural) death (of an animal entrusted


to his care the herdsman) is free from blame, if he
can produce the tail, the horns, and the rest.
*i8. If a public woman declines to receive a
man after having received her fee, she shall pay
twice the amount (of the fee). The same (fine shall

be imposed) on a man who does not pay the (sti-


pulated) fee, after having had connexion with a
woman (of this description).
* 19. Should a man unnaturally abuse the person
(of a public woman) or cause her to be approached
by many, he must pay eight times the amount (of
the stipulated fee), and a fine to the same amount.
* 20. If a man has built a house on the ground of

a stranger and lives in it, paying rent for it, he may


take with him, when he leaves the house, the thatch,
the timber, the bricks, and other (building materials).
* 21. But if he has been residing on the ground

16. Identical with Manu VIII, 233.


17. The term 'the rest' may be referred, in accordance with
the analogous rule of INIanu, to the '
ears, hide, bladder, tendons,

the yellow concrete bile, and the special proofs or marks.' Manu
VIII, 234.
18. Illness, however, is considered as a legitimate reason for
breaking an engagement of this sort. Viramitrodaya, p. 422, and
other commentaries.
21. The delivery of the materials, out of which the house has
been constructed, to the owner of the ground, has to be regarded
as a compensation for the ground having been used without
authorisation from the owner.
144 NARADA. VI, 2?.

of a stranger, without paying rent and against that


man's wish, he shall by no means take with him, on
leaving it, the thatch and the timber.
'''
2 2. Hired commodities shall be restored (by the
when the fixed period has expired. The hirer
hirer),
must make good whatever may have been spoiled
or destroyed except in the case of (inevitable)
accident.

SEVENTH TITLE OF LAW.


Sales Effected by Another than the Rightful
Owner.
*i. When property kept as a deposit, or the
property of a stranger lost (by him) and found (by
another man), or stolen articles, are sold in secret, it
has to be considered as a 'Sale Effected by Another
than the Rightful Owner.'
* 2. When a chattel, which had been sold by
another person than the owner, has been recovered

2 2. This rule applies in the case of water-jars and the like having
been injured or destroyed. Viramitrodaya, p. 421. The Ratnakara
refers this paragraph to broken carriages and the like. See Cole-
brooke's Digest, HI, i, 104. '
Spoiled/ i. e. partially disfigured.
' Destroyed,' i.e. entirely ruined. 'Accident,' when the things have
been knocked against one another. Viramitrodaya, ibid.
VII, I. The term 'property kept as a deposit' includes by im-
plication a Ya-^ita and the other species of bailments. Viramitro-
daya, p. 374, and the other commentaries. See II. Title of Law,
14, 15-
2. The owner of a chattel, which has been sold by a stranger
who has no right to it, may reclaim it from any one who happens
to be possessed of Viramitrodaya,
p. 375; Vishwu V, 164-
it.

166; Manu VIII, 201, 202; Ya^wavalkya II, 168. In the


Nepalese IMS. the last clause runs as follows The buyer who :
'

buys in secret is guilty of theft.'


VII, 5- wages; sales. 145

by the owner, he may keep It. No blame attaches


to a sale effected in public, but a clandestine sale
is viewed in the same lioht as theft accordinof
to law.
* 3. If a man buys from a slave who has not
been authorized (to sell) by his master, or from
a rogue, or in secret, or at a very low price, or
at an improper time, he is as guilty as the seller.
* 4. The purchaser must not make a secret of
the way in which he came by a chattel (purchased
by him). He
free from blame if he can
becomes
point out the way
which the chattel was acquired
in

by him. In any other case he is equally guilty


with the vendor, and shall suffer the punishment of
a thief
* 5, The vendor shall restore his property to the
rightful owner, and shall pay to the buyer the price
for which itwas sold to him besides that he shall ;

pay a fine to the king. Such is the rule in the case

3. One who has not been authorized (to sell) by


' his master,'
one who has received no special permission from him (to sell the
chattel). The term '
a slave ' has to be interpreted in a pregnant
sense, so as to include young sons and other dependent persons.
Viramitrodaya, p. 375. Vish;m V, 166; Ya^;7avalkya II, i68.

4. It appears from the detailed provisions of B/'/haspati, Katya-


yana, and other Smrz'ti-writers on the subject of purchase and sale,
had to be concluded
that every purchase, in order lo be legitimate,
in open market, on a market day or hour or that, at least, the ;

purchaser was required to produce the vendor, w^hen the purchase


had not been made in open market. Ya^;7avalkya II, i68. The
Nepalese MS. inserts the following paragraph here: 'Any purchase
or sale which has been effected by another than the rightful owner
must be known to be invalid ; this is a rule in lawsuits.' The
quotations in the Viramitrodaya and other works prove this verse
to be genuine. Ya^«avalkya II, 1 70.

5. Ya^;7avalkya II, 170.

[33] L
146 NARAD A. VII, 6

of a sale effected by another than the rightful

owner.
6. any one finds a treasure, which had been
If
deposited by a stranger, he shall take it to the king.
Every treasure, found by members of any caste,
belongs to the king, excepting (those treasures which
have been found by) members of the Brahman
caste.

7. A Brahman even, when he has found a trea-


sure, must at once give notice to the king. If the

king gives it tohim he may enjoy it. If he does


not give notice, he is (viewed as) a thief.
8. Of his own property also, which he had lost
and found again afterwards, a man must give notice
to the king. If he does so, he may keep it as his
lawful property. It is not his lawful property other-
wise.

EIGHTH TITLE OF LAW.


Non-delivery of a Sold Chattel.

*i. When merchandise has been sold for a (cer-

tain) price and is not delivered to the purchaser, it

is termed Non-delivery of a Sold Chattel, a title

of law.
* 2. Property in this world is of two kinds,

movable and immovable. All that is termed mer-


chandise in the law^s regarding purchase and sale.
* 3. The rule regarding the gift and receipt of

6-8. Gautama X, 36-38, 43-45; VasishMa III, 13-14; XVI,


19,20; Manu VIII, 30-39; Vish«u V, 56-64; Ya^wavalkya II,

33-3-. The position of the two last paragraphs is inverted in the

Nepalese MS.
VIII, 3.
'
Gift ' means sale. ' Receipt ' means purchase. What
VIII, 5- SALES ;
NON-DELIVERY. I47

merchandise is sixfold by the learned


declared :

(what is sold) by by weight, by measure,


tale,

according to work, according to its beauty, and


according to its splendour.
* 4, If a man sells property for a certain price,
and does not hand it over to the purchaser, he shall
have to pay its produce, if it is immovable, and
the profits arising on it, if it is movable property.
* 5. If there has been a fall in the market value

of the article in question (in the interval, the pur-


chaser) shall receive both the article itself, and
together with it the difference (in point of value).
This law applies to those who are inhabitants of
the same place but to those who travel abroad, the
;

is it is said to be sold
counted before selling by tale.' Betel-nuts may '

be mentioned as an instance. What is sold by weight,' such as


'

gold or sandal-wood and the like substances, which are weighed on


a pair of scales. What is sold by measure,' such as rice or the
'

like. By work,' such as animals giving milk or used for draught


'

or burden. According to its beauty,' something handsome, as e.g.


'

a handsome prostitute. 'According to its splendour,' or lustre,

as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is

delivered in the Ratnakara, as quoted in Colebrooke's Digest,


m, 3, 3-
4. 'The profits arising on it,' such as e.g. the milk of a cow.
Viramitrodaya, p. 437. The Vivada^intamawi (p. 55) and the
Ratnakara, as quoted in Colebrooke's Digest (III, 3, 18), take the
term kriyaphalam as a Dvandva compound, denoting *
the work,
such as the carrying of burdens and the and the profits, such
like,

as milk and the like.' Vish;m V, 127 ;


Y%;7avalkya II, 254.
5. The previous paragraph contains the rule for those cases
where the value of the property has increased after its sale. The
present rule refers to those cases where the value of the property
has diminished after the sale. Viramitrodaya, p. 437. Those who
travel abroad, i. e. who are in the habit of visiting other countries
(for trading purposes), may claim the profit which might have
accrued to them from travelling abroad. Vivada/('intama;/i, pp. 55,

56. Vish7m V, 129; Ya^;7avalkya II, 254.


L 2
148 NARADA. VIII, 6.

profit arising from (dealing in) foreign countries shall


be made over (as well).
* 6. If the article (sold) should have been injured,
or destroyed by fire, or carried off, the loss shall
be charged to the seller, because he did not deliver
it after had been sold by him.
it

7. When a man shows one thing, which is fault-


*

less (to the intending purchaser), and (afterwards)

delivers another thing to him, which has a blemish,


he be compelled to pay twice its value (to the
shall
purchaser), and an equal amount as a fine.
* 8. So when a man sells something to one person,

and (afterwards) delivers it to another person, he


shall be compelled to pay twice its value (to the
purchaser), and a hne to the king.
* 9. When a purchaser does not accept an article
purchased by himself, which is delivered to him (by
the vendor), the vendor commits no wrong by selling
it to a different person.
* 10. Thus has the rule been declared with regard

6. According to G^agannatha, this rule has reference to those


cases only where the purchaser has not formally asked for the
delivery of the property purchased by himself. He infers from a text
ofYao-wavalkyathat after a demand the loss shall fall on the vendor,
even though the property was injured in one of the modes men-
tioned by that authority, i.e. by force majeure. See Colebrooke's
Digest, III, 3, 27. It is quite doubtful, however, whether the com-
piler of the Narada-smr^ti had this distinction in view. Ya^;7avalkya
II, 256.
Both he who shows unblemished goods, and sells blemished
8. 9.
goods afterwards, and he who sells property to one man and after-
wards sells the same property to another man, though the first sale
has not been rescinded by the purchaser, shall pay twice the value
of the property sold as a fine. Viramitrodaya, p. 440. Ya^«a-
valkya II, 257.
9. Ya^Tlavalkya II, 255.

10. Consequently, where there is no agreement as to the time of


IX, 2. SALE AND PURCHASE. 149

to that merchandise for which the price has been


tendered. When the price has not been tendered,
there is no offence to be imputed to the vendor,
except in the case of a special agreement.
* 1 1. It is for the sake of gain that merchants are
in the habit of buying and selhng merchandise of
every sort. That gain is, in proportion to the price,
either ereat or the reverse.
*I2. Therefore shall merchants fix a just price
for their merchandise, according to the locality and
season, and let them refrain from dishonest dealings.
Thus (by adhering to these principles) traffic be-
comes an honest profession.

NINTH TITLE OF LAW.


Rescission of Purchase.

* I. When a purchaser, after having purchased an


article for a (certain) price, repents (of the purchase
made by himself), it is termed Rescission of Pur-
chase, a title of law.
*2. When a purchaser, after having purchased
an article for a (certain) price, thinks he has made
a foolish bargain, he may return it to the vendor
on the same day, in an undamaged condition.

delivery, thevendor commits no wrong by retaining a commodity


sold, on purpose
to obtain payment. Thus according to the gloss
in Colebrooke's Digest, III, 3, 20. The Viramitrodaya (p. 441) has
a slightly different explanation. '
Where the price for a sold chattel
has not been paid, and the purchase concluded through a verbal
engagement merely, there is no offence whether it be ratified or not,

unless there should be an agreement in this form, " This purchase


'
cannot be rescinded."
I 50 NARADA. IX, 3.

*3. When the purchaser returns it on the second


day (after the purchase has been made), he shall lose
a thirtieth part of the price. (He shall lose) twice
as much on the third day. After that time, the
purchaser is bound to keep it.

*4. The (intending) purchaser shall first examine


an article (before purchasing it), in order to find out
itsgood and bad qualities. That which has been
approved by the purchaser after close examination,
cannot be returned to the vendor.
*5, Milch cattle maybe examined for three days ;

animals of burden, for five days ; and in the case


of precious stones, pearls, and coral, the period of
examination may extend over seven days.
^^"6.
Bipeds shall be examined within half a
month ; a female, within twice the same (space of
time) ; all sorts of grain, w^ithin ten days iron and ;

clothes, within a single day.


* 7. A worn gown, which is in a ragged condition
and soiled with dirt, cannot be returned to the
vendor, if it was in that blemished state at the time
when the purchase was effected.
Wearing apparel loses the eighth part of its
'"8.

value on being washed for the first time the fourth ;

IX, 3. '
He shall lose a thirtieth part,' he shall give one-thirtieth
part more than the stipulated price. '
Twice as much,' i. e.

a fifteenth. See Colebrooke's Digest, III, 3, 5.

5, 6.
'
For three days,' including the day of purchase. The
terms '
for five days,' &c., have to be interpreted in the same way.
'
Milch cattle,' such as e.g. female buffaloes. 'Animals of burden,'
such as e.g. young bulls. '
Bipeds,' males, i.e. male slaves. '
Twice
the same space of time,' a month. '
A female,' a female slave. Vira-
mitrodaya, pp. 433, 434. Manu VIII, 222 Y%wavalkya II, 177. ;

8, 9. When apparel has been given to a washerman to be


washed by him, he is bound to make good the value of that
;

IX, 12. RESCISSION OF PURCHASE. 151

part (on being washed) for the second time ; the


third part (on being washed) for the third time
and one half (on being washed) for the fourth time.
*9. One half of the original value having been
a quarter (of the reduced value) shall be de-
lost,

ducted henceforth, till the fringe is tattered and (the


cloth) in rags. In the case of tattered cloth, there
is no rule regarding the reduction of its value
(through being washed).
* 10. There
no other way for preparing metallic
is

apparatus of any sort than by forging it in fire


according to the rules (of art). While they are
being forged, (the weight of) the metals is diminished
by exposure in fire.
* 1 1. Gold is not injured at all (by such treatment).
On silver, the loss amounts to two Palas in the
hundred. On tin and lead, the loss is eight Palas
in the hundred.
'''
12. On copper, as well as on utensils made of it,

the loss should be known to be five Palas (in the


hundred). As for iron, there is no fixed rule re-
garding the loss arising on it, because it is different
in nature from the other metals.

which has been spoiled by him. If it has been washed a single

time, he must make good its original value minus an eighth. If


it has been washed twice, he must make good its original value
minus a fourth. Thus if it has been washed three times, a third has
to be deducted from the original value, and so forth. Viramitrodaya,
P- 372.
II, 12. The value of gold is not diminished on its being heated
in fire. Therefore, as much (gold) as has been delivered to
a goldsmith for making a bracelet and the like, thus much shall
the goldsmith restore after having weighed it. Otherwise, he shall
be compelled to restore the loss, and to pay a fine. When silver,

a hundred Palas in weight, is heated in fire, the loss amounts to


152 NARADA. TX, 13.

1 3. The loss and gain arising from the prepara-


tion of cloth shall be stated (next). On yarns made
of cotton or wool, the increase of value amounts to
ten in the hundred.
14. (This rule has reference) to large tissue (only).
In the case of (tissue of) middle size, five in the
hundred (is gained). In the case of very fine tissue,
the gain is said to amount to three Palas in the
hundred.
15. In the case of cloth made of the hair of an
animal, and of embroidered cloth, the loss amounts
to one-thirtieth. In the case of silk stuff and of
cloth prepared from the inner bark of trees, the
gain is the same (as the loss in the preceding case).
Nor is there any loss (in these cases).
*i6. A
merchant who is acquainted with the
qualities of the merchandise (he deals in) must not

two Palas. When a hundred Palas of tin or lead is heated in fire,

the loss amounts to eight Palas. In the case of copper, the loss
shall be five Palas. Artizans losing more than the above amount
shall be punished. INIitakshara, pp. 264, 265. Ya^ilavalkya II, 178.
13-15. When a blanket or the like is made of coarse woollen
thread, the increase must be considered to amount to ten Palas in
the hundred. The same rule applies in the case of cloth and the
like made of cotton thread. In the case of cloth and the like
of a middling quality, i.e. which is not made of very fine thread,
the increase amounts to five Palas. In the case of cloth made of
very fine thread, the increase is three Palas in the hundred. All
these rules apply in the case of washed cloih only. That is called
' embroidered cloth ' (karmika or karmakr/ta) where a circle, Svas-
tika, or other (figure) is worked on woven cloth, with coloured
yarns. '
Cloth made of the hair (of an animal) ' is where hairs are
joined so as to form a piece of cloth or the like. IMitakshara,
pp. 265, 266. ManuVIII, 397; Yao-zlavalkya II, 179, 180.
16. 'He must not annul a purchase,' he must not repent of it.
* He must know before concluding a purchase, the loss and gain
'
'

on merchandise,' such as horses or others, i.e. the diminution of


X, 2. purchase; compacts. 153

annul a purchase, after having once made it. He


ought to know all about the profit and loss on
merchandise, and its origin.

TENTH TITLE OF LAW.


Transgression of a Compact.

'"'I. The aggregate of the rules settled amongst


heretics, followers of the Veda (Naigarnas) and
others, is called Samaya (compact, or established
usage). Thus arises a title of law, termed Trans-
gression of a Compact.
*2. Among heretics, followers of the Veda (Nai-
garnas), guilds (of merchants), corporations (Pugas),
troops (of soldiers), assemblages (of kinsmen), and
other (associations) the king must maintain the
usages (settled among them), both in fortified towns
and in the open country.

its value in one country, and the increase of its value in another
country, and '
its origin,' the country where it comes from. That
is the meaning. Viramitrodaya, pp. 434, 435.
X, I. 'Heretics,' Kshapa«akas (Buddhist or Jain mendicants) and
others who detract from the authority of the Veda. '
Naigamas,'
traders or merchants. According to the Mitakshara, the term
Naigama refers to Pa^upatas and others who uphold the authority
of the Veda. The term 'and others 'is used to include corporations
of learned Brahmans and other (associations). Viramitrodaya,
p. 423. The term samaya, literally 'compact,' denotes local or
caste usages, the violation of which forms the subject of the tenth
title of law.
2. Of the term Naigama, the commentators give the same two
different interpretations as in the preceding paragraph. I have
referred it to '
followers of the Veda,' because it comes immediately
after the term '
heretics.' The term puga has three interpretations
in this place. Some say it means 'companies of traders or others.'
154 NARADA. X, 3.

*3. Whatever be their laws, their (religious)


duties, (the rules regarding) their attendance, and the
(particular mode of) livelihood prescribed for them,
that the king shall approve of.

*4. The king shall prevent them from undertaking


such acts as would be either opposed (to the wishes
of the king), or contemptible in their nature, or
injurious to his interests.
*
5. Mixed assemblages, unlawful wearing of arms,

and mutual attacks between those persons shall not


be tolerated by the king.

Others say it denotes '


associations of persons differing in caste,
whose mode of subsistence is not fixed.' The Viramitrodaya
interprets it as referring to riders on elephants, horses, &c. In
explanation of the terms vrata, '
a troop of soldiers,' and ga«a, '
an
assemblage of kinsmen,' the commentators quote the following
text of Katyayana :
'
A multitude of united men armed with
various weapons is called vrata. An assemblage of families is called
gawa.' Manu VIII, 41 ; Ya^navalkya II, 192, &c.
3. * Their laws,' such as to speak the truth. '
Their (religious)
duties,' such as the duty of going about begging alms when the
night is over, early in the morning. '
The rules regarding their
attendance,' the duty of attending, in a temple or other (public
hall), for the affairs of the community, when the sound of a drum
or other instrument is heard. Viramitrodaya, p. 430. The
Ratnakara interprets the term karma, 'their (religious) duties,' by
'
their proper occupation for a liveUhood.' The drift of this rule,
according to Gagannatha,is this, that the king must not act otherwise
than is consistent with the usages of castes or other corporations.
See Colebrooke's Digest, III, 2, 11. Ya^?lavalkya II, 192, &c.
4. ' Contemptible in their nature,' essentially despicable, such as
the eating of betel, which is customary among heretics and others.
'
Injurious to his interests,' causing pecuniary loss, &c. '
He shall

prevent them from undertaking such acts,' he shall act so that they

do not undertake them. Viramitrodaya, pp. 430, 431.


5. Mixed assemblages,' meetings or gatherings of persons
'

differing in caste. Unlawful wearing of arms,' wearing arms


'

without sufficient motives, such as the apprehension of a danger.


See Ratnakara, as quoted in Colebrooke's Digest, III, 2, 25.
XI, 2. VIOLATION OF A COMPACT; BOUNDARIES. 1
55

Those who cause dissension among the


'"6.

members of an association, shall undergo punish-


ment of a specially severe kind because they ;

would prove extremely dangerous, like an (epi-

demic) disease, if they M^ere allowed to go free.


* 7. Whenever a criminal act, opposed to the
dictates of morality, has been attempted, a king
desirous of prosperity shall redress it.

ELEVENTH TITLE OF LAW.


Boundary Disputes.

*i. Whenever (a decision has to be given) in


regard to landed property, whether it be a dike (or
bridge), a field, a boundary, a tilled piece of ground,
or a waste, it is termed a Boundary Dispute.
2. In all quarrels regarding landed property or
boundaries, the decision rests with the neighbours,
the inhabitants of the same town or village, the

6. 'An association,' a guild of merchants or other corporation.


Viramitrodaya, p. 430.
7. When an act tainted with the sin of covetousness or another
crime, and opposed to the dictates of revealed and traditional law,
such as e.g. the prostitution of widows or other (virtuous females)
among heretics or other (sinful men), has been attempted, the king
must redress it, though it may have been practised for a long time.
Viramitrodaya, p. 431.
XI, I. The meaning is as follows: 'A dike,' an embankment
for the purposes of irrigation. '
A field,' a cultivated piece of
ground (under water). 'A boundary,' a landmark. 'A tilled piece
of ground,' cultivated soil. 'A waste,' uncultivated ground. When
a decision has to be given in a quarrel with regard to any of these,
it is called a lawsuit concerning landed property, or Boundary
Dispute. Viramitrodaya, p. 451.
2. Manu VIII, 259; Ya^?lavalkya II, 150.
156 NARADA. XI, 3.

(other) members of the same community, and the


senior (inhabitants of the district),
*3. (As also) witli those Hving outside on the
outskirts of the village and who live by the tillage
of fields situated in those parts, and with herdsmen,
bird-catchers, hunters, and other inhabitants of the
woods.
4. These men determine the boundary, in
shall
accordance with the (old) landmarks, (such as) chaff
of grain, coal, pot-sherds, wells, sanctuaries, trees,
5. Objects of general notoriety, such as ant-hills,
mounds, slopes, hills and the like, and fields,
artificial

gardens, roads, and old dikes.


6. When a piece of ground has been carried off

by a stream, or abandoned (by the owner), or when


the boundary marks have been destroyed, (they
shall fix the boundary) according to the inference
to be drawn from (an inspection of) the spot, and
according to the traces of possession (held by the
former owner).
* Should the neighbours speak falsely, when
7.

called upon to decide a question of this sort, they


shall all be punished one by one by the king, each
having to pay the fine of the (second or) middlemost
degree.
*8. The corporation, the senior (inhabitants of

3. The foresters shall only be consulted in default of cultivators


whose fields are adjacent to the boundaries of the village. Virami-
trodaya, p. 456. Manu VIII, 260. Y%?lavalkya II, 150.
4, 5. Manu VIII, 246-251; Ya^^iavalkya II, 151.
7. Manu VIII, 263; Y%-wavalkya II, 153. The fine of the
second degree consists of 500 Pa«as.
8. The lower degree of punishment in the case of the persons

here mentioned seems to be due to the fact that they may be


supposed to be interested in the suit.
XI, 13- BOUNDARY DISPUTES. 1 57

the district) and the rest shall also receive punish-


ment one by one they shall have to pay the fine of
:

the first degree, if they make false statements,


*9. The boundary should not be fixed by one
man single-handed, though he be a reliable person.
This business should be entrusted to a plurality of
persons, because it is an affair of importance.
*io. Should a single man undertake to fix the
boundary, (he must do so) after having kept a fast,
in a collected frame of mind, wearing a garland of

red flowers and a (red) cloak, having strewed earth


on his head.
* 1 1. Should there be no persons conversant (with

the true state of the question) and no boundary


marks, then the king himself shall fix the boundary
between the two estates, as he thinks best.
12, According^ to this rule let all contests be

decided in regard to houses, gardens, reservoirs of


water, sanctuaries and the rest, as well as the space
intermediate between two villagfes,
* 1 3. When have grown on the boundary
trees
(or ridge) separating two contiguous fields, the fruits
and blossoms shall be assigned to the owners of the
two fields in common.

9. According to the Viramitrodaya (p. 458), this prohibition


in regard to the determination of the boundary by a single man,
has reference to those only who are not acceptable to both parties
and unacquainted with the law.
10. INIanu VIII, 256; Ya^riavalkya II, 152.
11. In default of neighbours and other persons conversant with
and other boundary marks, the
the state of the matter, and of trees
king boundary of his own accord. He shall distribute
shall fix the

the ground intermediate between the two villages, which has become
the subject of a contest, between the two litigant parties, and fix
landmarks between the two. Viramitrodaya, p. 460. Manu VIII,
265; Ya^/lavalkya II, 153.
158 NARADA. XI, 14.

*I4. When
boughs (or offshoots) of trees
the
grown on the of one man should take root in
field

the field of another man, they must be known to


belong by right to the owner (of that field), because
they have sprung forth in another field (than the
stem of the tree).
*i5. A cross-road, the sanctuary of a deity, a
street,and a public road must not be obstructed by
(a place for) ordure, a terrace, a pit, an aqueduct,
the edge of a thatch (syandanika), or the like
(obstructions).
1 Should any one cause such obstruction through
6.

inadvertency or by force, the king shall impose on


him a fine of the hio-hest decree.
* 1 7. The (erection of a) dike in the middle of
another man's field is not a prohibited act, as it may
be productive of considerable advantage, whereas
the loss is trifling. That is to be desired as (com-
parative) gain where there is (a slight) loss (only).
*i8. There two sorts of dikes (or water-
are
courses),one (called kheya) which is dug into the
ground, and (another called bandhya) which prevents
the access of water. A kheya dike serves the pur-
pose of irrigation, a bandhya dike serves to keep
the water off.
* 19. No grain Is (ever produced) without water ;

14. This rule seems to be intended principally for banyans and


the like trees covering a large area with their offshoots. The
Nepalese MS. omits vv. 13, 14, 16.
15. The term syandanika is variously explained as denoting
either the projecting roof or the eaves of a house.
17. Ya^TJavalkya II, 156.
18. Kheya means literally 'what is capable of being dug,' and
bandhya what is capable of being stopped.' What is meant by
'

these two terms may best be seen from the next paragraph.
XI, 24. BOUNDARY DISPUTES. 1 59

but too much water tends to spoil the grain. An


inundation is as injurious (to growth) as a dearth
of water.
* 20. If a man were to put in repair a dike
erected long ago, but decayed, without asking the
permission of the owner, he shall not have (the use
and) profits of it.

* 21. However, after the death of the owner or of


another man sprung from the same race (who has
succeeded to his property), he may repair the dike,
after having been authorized to do so by the king.
* 22. By acting otherwise he will get into trouble,
in the same way as the hunter (of the tale). The
shafts of him are spent in vain who hits again and
again one who has been hit already.
'"
23. When the owner of a field is unable (to cul-

tivate it), or dead, or gone no one knows whither,


any stranger who undertakes its cultivation un-
checked (by the owner or others) shall be allowed to
keep the produce.
* 24, When the owner returns while the stranger

20. With the owner's permission, any man may restore a dike,

&c., which has fallen into decay. Viramitrodaya, p. 468. Ya^Tla-


valkya II, 157. Read pravr/ttam in the text.

21. The authority of the king is required, because, without it,

the profits of the dike would have to be enjoyed by the king himself.
See Ya^rlavalkya II, 157.
22. The tertium comparationis in this simile has to be sought
in the vanity of the effort only. Manu(IX, 73) applies the same
simile to seed, i.e. semen virile spent in vain on the field, i.e. wife
of a stranger.
23. 'Unable' (to cultivate the field) through want of means.
*
A field,' one which has become a desert. Vivada^-intamawi, p. 64.
24. '
The owner,' or his son or other (descendant). 'The whole
expense incurred in tilling the waste,' the cost of converting the
desert into cultivated ground. Viramitrodaya, pp. 469, 470.
l6o NARADA. XI, 25.

is engaged in cultivating the field, (the owner) shall


recover his field, after having paid (to the cultivator)
the whole expense incurred in tilling the waste.
25. A deduction of an eighth part (shall be made),
till seven years have elapsed. But when the eighth
year arrives, (the owner) shall recover the field cul-

tivated (by the other, as his independent property),


* 26, A tract of land (which has not been under
cultivation) for a year is called Ardhakhila (half-
waste). That which has not been (under cultivation)
for three years is called Khila (waste). That which
has not been under cultivation for five years is no
better than a forest,
27, A
which has been held by three genera-
field

tions in and a house which has been


succession,
inherited from an ancestor, cannot be estranged
(from its legitimate owner) by force of possession,
except when the king wills it so.
* 28. When grain has been destroyed by cows or

25. It appears from an analogous text of Katyayana that this


rule is intended for those cases where the owner is unable to pay
for the expense incurred by the cultivator. Katyayana says, '
If
through want of means (the owner) do not repay the expense
entailed by the cultivation of the waste, the cultivator shall be
allowed to keep the produce minus an eighth part. During eight
years he may keep the (annual) produce (minus an eighth).
After that period, it shall belong to the proprietor.'
These definidons are inserted here, because the previous
26.
rules according to the commentators apply to a desert or forest only,
the cultivation of which causes considerable difficulty and expense.
28-42. Narada's eleventh title of law, though called 'Boundary
Disputes,' is in reality a collection of all legal rules relating to
fields. Manu and those who follow him treat the subject of damage
done by cattle to crops or grass as a section of the chapter on
'Disputes between master and herdsman,' which title of law is

wanting in the Narada-smr/ti.


28. Gautama XII, 20.
XI, 32. BOUNDARY DISPUTES. l6l

Other cattle crossing a fence, the herdsman deserves


punishment in that case, unless he should have done
his best to keep the cattle off.
* 29. When grain has been destroyed (altogether),

with the root, the owner of it may claim a corre-


sponding quantity of grain (as damages) the herds- ;

man shall be corporally punished and on his master ;

he shall impose a fine.

A cow within ten days after her calving,


* 30.

a grown bull, a horse, and an elephant shall be


full

kept off carefully. The owner of any one out of these


animals is not liable to punishment (should they do
mischief).
* done by) a cow he shall inflict
31. For (mischief
3
a fine of one Masha ; for (mischief done by) a female
buffalo, two Mashas ; in the case of a goat or sheep
(trespassing) with its young, the fine shall amount
to half a Masha.
'"32. The (owners of) elephants and horses shall
not have to pay any fine ; for they are looked upon
as protectors of (the king's) subjects. Impunity is
(likewise) granted to (the owner of) a strayed cow,

29. The author of the Viramitrodaya (p. 450) observes ex-


pressly that the term vadha denotes corporal punishment, and not
execution, in this place. The other commentators agree with him.
Manu VIII, 241 Ya^T/avalkya II, 161
; Gautama XII, 26
; ; Vish«u
V, 146. The Nepalese MS. omits this paragraph.
30. The reason why horses and elephants have to be kept off
is given in paragraph 32. Horses and elephants were used for

the purposes of war principally. Manu VIII, 242; Ya^;7avalkya II,

163, &c.
31. Vishwu V, 140-144; Gautama XII, 22-25; Ya^;7avalkya
n, 159-
32. 33. Manu VIII, 242; Vish;m V, 150; Ya^;7avalkya II, 163.
The Nepalese MS. has a pregnant cow' for
' '
a strayed cow.'

[33] M
;

A
162 NARADA. XI, 33.

of one that has recently calved, and of one un-


manageable.
(As also to the owner of) one that has lost
33,
her way, or broken down, or stuck (hi marshy
p-round), or (of) a bull marked with the sign of con-
secration. Four times (the amount of the damage
done) is declared (to be the fine) in the case of
(a cow) whose nostrils have been pierced and who
abides in the field.
* 34. When the cattle lie down in the field (after
grazing), the fine to be inflicted shall be double
when they remain (in the field for the night), it shall

be four times (the ordinary amount) ; when they


graze in the sight (of the keeper), that man shall be
punished even as a thief.
'"'
35- When cows, straying through the fault of

33. The genuineness of this paragraph appears doubtful, because


some of the propositions contained in it are nearly identical with the
rules laid down in the paragraphs immediately preceding and follow-
ing it. Besides, the language of this paragraph is obscure, and it is

not given in any commentary nor in the Nepalese MS. The solemn
ceremony of setting a bull at liberty and consecrating him to the
gods, with a mark on each flank, is described by Vish;m, chapter
LXXXVI, and in the Gr/hya-sutras. Piercing the nostrils of a
barren cow is mentioned as an offence by Manu VIII, 325. It

does not become clear why damage done by a cow of this sort
should be a greater offence than damage done by an ordinary cow.
34. 'When they lie down in the field,' after having eaten their

fill. '
When they remain,' when they spend the night in the field,

after grazing. Vivada/^intamawi, G^agannatha, &c. '


In the sight
of the keeper :
' thus according to G^agannatha (Colebrooke's Digest,
III, 4, 46 ^. The correctness of his interpretation is confirmed by
Yao-;7avalkya II, 162. According to the Vivada/^intamam (p. 67),
the meaning is this, that the cattle are allowed to graze by the
keeper, in the sight of the proprietor of the field, and in spite of

the remonstrances of the latter. Vishwu V, 145 ; Ya^^valkya


II, 160, 162.
XI, 39- TRESPASSING CATTLE. 1
63

their keeper, have entered a field, no punishment


shall be inflicted on the owner of the cows the ;

herdsman (alone) is punishable (for the damage


done by them).
* 36. When (a herdsman) has been seized by the

king or (devoured) by an alligator, or struck by


Indra's thunderbolt, or bitten by a serpent, or fallen

from a tree,
^ Orby a tiger or other (ferocious
killed
Z1-
animal), or smitten by a disease of any sort, no
offence can be imputed either to the herdsman or to
the owner of the cattle.
* 2,^. When a man claims damages for grain con-

sumed by cattle (grazing in his field), that quantity


of grain must be restored to him (by the owner of
the cattle), which has been consumed in the field in
the estimation of the neighbours.
* 39. be given up to their owner,
The cows shall
and the orain to the husbandman. In the same way
a fine shall be imposed on the herdsman when grain
has been trodden down (by cows).

36. '
Seized by the king,' employed in the king's business. See
Colebrooke's Digest, III, 4, 52.

37. This paragraph is omitted in the Nepalese IMS.


Gautama XII, 26; Manu VIII, 241; Y%;7avalkya II, 161.
38.
The Nepalese MS. inserts a spurious verse here, the first half of
which is identical with Manu IX, 37, and the second half identical
with Narada XI, 22.
The meaning of the injunction to give up the cows seems
39.
to be this, that the cows shall not at once recover
owner of the

them, when they have been seized by the proprietor of the field,
after doing damage in the field. The VivadaX'intama;/i has a

different reading of this clause : gavatra;^ gomina deya?;^. This is

explained as meaning that '


blades of corn must be made good by
the owner of cattle.' Similar readings are found in other com-
mentaries as well. Apastamba II, 11, 28, 5.

M 2
164 NARADA. XI, 40.

40. When a field is situate on the borders of


a village, or contiguous to a pasture ground, or
adjacent to a high road, the herdsman is not repre-
hensible for the destruction of grain (in that field), if
the field is not protected by a fence.
*4i. On which faces the
(that side of) the field
road a fence shall be made over which a camel
cannot look, nor cattle or horses jump, and which
a boar cannot break through.
* 42. A householder's house and his field are con-

sidered as the two fundaments of his existence.


Therefore let not the king upset either of them ;

for that is the root of householders.


43. When his people are flourishing, the religious
merit and the treasure of a king are sure to be
in a flourishing state as well. When (the people)
cease to prosper, (his merit and his treasure) are
sure to abate as well. Therefore he must never
lose sight of (that) cause of prosperity.

TWELFTH TITLE OF LAW.


The Mutual Duties of Husband and Wife.
^'
I . That title of law in which the legal rules for
women and men regarding marriage and the other

40. '
Pasture ground,' a meadow reserved for feeding cows or
other cattle. Ratnakara. See Colebrooke's Digest, III, 4, 27.
Manu VIII, 238, 240; Vishwu V, 147, 148; Gautama XII, 21;
Ya^wavalkya II, 162.
41. Manu VIII, 239.
42. This maxim shows that the compiler of the Narada-smr/ti
wrote for an essentially agricultural people.
XII, I. INIanu IX, i.
;

XII, 5- cattle; husband and wife. 165

(mutual relations between them) are laid down is


called The Mutual Duties of Husband and Wife.
2. When a woman and man are to unite (as wife

and husband), the choice of the bride must take


place first of all. The choice of the bride is suc-

ceeded by the (ceremony of) joining the bride and


bridegroom's hands. Thus the ceremony (of mar-
riage) is twofold.
3. Of these two parts (of the marriage ceremony)
the choice of the bride is declared to lose its binding
force, when a blemish is (subsequently) discovered
(in either The Mantra (prayer),
of the two parties).
which is recited during the ceremony of joining the
bride and bridegroom's hands, is the permanent
token of matrimony.
4. a Brahman, Kshatriya, Vai^ya, or ^udra
When
takes a wife, it is best for him to take her out of his
own caste and so is a member of her own caste the
;

(most eligible) husband for a woman (of any caste).

5. A Brahman may marry three wives of different


caste, in the direct order of the castes ;
and so may

2. The Sm;-/ti-writers, as a rule, do not mention the act of


vara7/a, '
choice of a bride,' at all. It appears from the next para-
graph that Narada also does not place it on a par with the ceremony
of marriage, which is indissoluble for life.

3. Thechoice of the bride,' or betrothal, being dissoluble on


'

that the act of


the discovery of a blemish (in either party), it follows
joining the bride and bridegroom's hands, i. e. the ceremony of
marriage, must be indissoluble. See, too, paragraph 28. The
particular Mantras to be recited during the marriage ceremony are
given in the Gr/hya-sutras.
4. Apastamba II, 6, 13, i ; Vasish//m YIII, i ; Gautama IV, i

INIanu III, 12 Ya^jTavalkya I, 55.


;

5. 6.
important to note that Narada belongs to that group of
It is

Smr/ti-writers who recognise the legitimacy of marriage unions


between Brahmans and -Sudra women. Baudhayana I, 8, 16, 1-5;
1 66 NARADA. XII, 6.

a ^'udra woman take a husband of any of the three


castes above her own.
6. For a Kshatriya, two wives differing (from
him) in caste are permitted ; for a Vaiiya, a single
wife differing (from him) in caste. (On the other
hand), a Vai^ya woman may take a husband of two
different castes ; and a Kshatriya woman may take
a husband of one different caste.
7. Sagotras and
Samanapravaras are ineligible
for fifth and seventh degrees of
marriage up to the
relationship respectively, on the father's and mother's
side.
*8. The man must undergo an examination with
regard to his virile ; when the fact of his virile has
been placed beyond doubt, he shall obtain the
maiden, (but not otherwise.)
*9. If his collar-bone, his knee, and his bones (in

Vasish//;a I, 24, 25; Visbm XXIV, 1-4; Manu III, 12-14;


Y%?lavalkya I, 56, 57.
6. The somewhat may be para-
laconic terms of the original
phrased as follows : A
may marry a Vaii'ya and a »S"udra
Kshatriya
woman, besides a wife of his own caste. A Vai^ya may marry a
6'udra woman, besides a wife of his own caste. A Vaijya woman
may either take a Vaij-ya husband, or she may wed a Kshatriya
or a Brahman. A Kshatriya may either take a Kshatriya husband,
or she may marry a Brahman.
7. ASagotra is a relative bearing the same family name (laukika

gotra). A Samanapravara is one descended from the same 7?/shi


(vaidika gotra). See Professor Biihler's notes on Gautama XVIII,
6 Apastamba II, 5, 11, 15. Manu III, 5; Apastamba II, 5, 11,
;

15-16 Gautama IV, 2-5 Vasish/^a VIII, 1,2; Baudhayana II, i,


; ;

31-38; Vish?m XXIV, 9, 10; Manu III, 5; Ya^riavalkya I, 53.


8. Y%«avalkya I, 55. It should be observed, however, that the
eligibility of impotent men or eunuchs for marriage is recognised in
the Code of jManu(IX. 203), and that such men are very commonly
married now-a-days.
9. The curious disquisition on impotency is quoted in such an
XII, 13- IMPOTENCY. 167

general) are strongly made If his ;


shoulders and his
hair are (also) strongly made; if the nape of his
neck is stout, and his thigh and his skin delicate ; if

his gait and his voice is vigorous ;

* 10. If his semen, when thrown into water, does

not swim on the surface ;


and if his urine is rich and
foamy by these tokens
: may a potent man be known ;

and one impotent by the opposite characteristics.

*ii. Fourteen species of impotent men are dis-


tinguished by the sages, according to the rules of
science, including both the curable and incurable.
The rules regarding them shall be given in order.
* 1 2. One naturally impotent, one whose testicles
have been cut out, a Pakshasha/^^y/a, one who has
been deprived of his potency by a curse of his
spiritual guide, or by illness, or by the wrath of
a deity,
*i3. One jealous, a Sevya, one whose semen is
(evanescent) as air, a Mukhebhaga, one who spills

early compilation as Apararka's Commentary of the Ya^wavalkya-

smn'ti (twelfth century), which goes far to prove its genuineness.

Apararka's gloss on this passage, scanty as it is, has proved useful


in elucidating some of the difficult terms occurring in it, and in es-
tablishing the correct readings. Besides, I have been able to avail

myself of some valuable remarks, kindly communicated to me by


the late Dr. Haas, the well-known connoisseur of Indian medicine.
10. An analogous text is quoted from the Smr/ti of Katyayana.
'
He is called impotent whose urine froths not and whose fseces sink

in water, and whose generative organ is deficient in erection or

seminal juices.' See Colebrooke's Digest, V, 5, 330.


12. 'One naturally impotent' (nisargasha;zfl'//a), one born with-
out the capacity of producing semen. Apararka. This category
seems be synonymous with the saha^a of Su.yruta, the standard
to
writer on medicine. Pakshasha«d%a, according to Apararka, is one
capable of approaching a woman once in every half-month (Paksha).
13. The jealous man, irshyasha;;«'//a, seems to be identical with
the irshyaka of Sujruta, '
qui nisi alius cujusdam ineuntis feminam
1 68 NARADA. XII, 14.

hissemen, one whose semen is devoid of strength,


one timorous, and one who is potent with another
woman (than his wife) only, (these are the fourteen
sorts of impotent persons.)
Among these, the two first are incurable the
* 14.
;

one called Pakshasha/^^y/a should wait for a month ;

the (three) named after him shall have to wait for


a year.
* 15. Those four, among whom, in the above enu-
meration, the one jealous comes be avoided first, shall
by their wives just like an outcast, though they may
have been enjoyed by them.
* 16. For the w4fe of one who spills his semen, or

whose semen is devoid of strength, though they may


have discharged their marital duties, another husband
must be procured, after she has waited for half a year.
* 1 7. If a man is timorous, he fails when he is about

conspectu non potest.' The term sevya is obscure enough. Dr.


Haas proposes to read kz. sevyzska, or X'a mevyaj>^a or Hseky-
aj/^a, for X-a sevyaj^a. The asekya is a species of impotent person
according to Su^ruta. It may be, however, that the reading sevya is
correct,and denotes one with whom sexual intercourse is possible-
IMukhebhaga, is qui ore prout cunno utitur.' The revolting practice
'

in question is repeatedly referred to e.g. by Narada himself, VI,


19,
according to the commentators, and 1, 1 83. Dr. Haas proposes to read
mushkabhagna//, one deprived of the scrotum.' It may be argued,
'

however, that this category has already been referred to in para-


graph 12, and that the reading mushkabhagna is objectionable for
metrical reasons. According to Apararka, akshipta, the next term,
means '
is cujus semen in coitu retro (aut susum) fluit;' moghabi^a
means 'is cui semen ad propagationem aptum non est;' jalina
means 'is cujus penis coitu facto collabitur;' and anyapati, the
last term, means '
is qui cum alia femina praeter uxorem potest.'
15. 'Like an outcast (patita).' Dr. Haas assigns a different
meaning to the term patita, viz. 'is cujus penis collabitur;' and
refers tosuch expressions as dhva^a-^ patati, '
penis collabitur,' in
the Bhavapraka^a.
XII, 22. IMPOTENCY ; MARRIAGE. 1
69

to approach his wife ; such a feeble man shall be


stirred up by bringing before him other men's wives
or young maidens, &c.
*i8. If a man is potent with another woman
but impotent with his own wife, his wife shall take
another husband. This is a law promulgated by
the Creator of the world.
19. Women
have been created for the sake of
propagation, the wife being the field, and the hus-
band the giver of the seed. The field must be given
to him who has seed. He who has no seed is un-
worthy to possess the field.
20. Let a maiden be given in marriage by her
father himself, or by her brother with the father's
authority, or by her paternal grandfather, or by her
maternal uncle, or by her agnates or cognates.
21. In default of all these, by the mother, in case

she competent (to act as guardian) if she be


is ;

wanting in competence, the distant connexions shall

give a maiden in marriage.


22. If no such person be in existence, let the
maiden have recourse to the king, and let her, with
his permission, betake herself to a bridegroom of
her own choice,

The object of these rules is to prevent that any marriage-


20, 21.
able maiden should remain unmarried, which is a great point in the
eyes of a Hindu legislator. Vish;m XXIV, 38, 39 INIanu V, 151 ; ;

Ya§-«avalkya I, 63. The Nepalese MS. refers to the maternal in-


stead of the paternal grandfather.
22, 23. This is the custom of Svaya/«vara, 'self-choice (of a bride-
groom),' so well known from the Indian epics. It appears from
this paragraph that Narada does not allow this custom to be
practised except with certain restrictions. See, however, the next
paragraph. '
Age ;
' Manu says (IX, 94) that a man at the age of
marry a maiden of twelve, and a man aged twenty-four,
thirty shall
years a maiden of eight. Gautama XVIII, 20 Vasish///a XVII, ;
I 70 NARADA. XII, 23.

23. Who belongs to her own caste, and is a suit-


able match in point of descent, morality, age, and
sacred learning. Let her discharge her religious duties
in common with him, and bear children to him.
24. When a bridegroom goes abroad after having
espoused a maiden, maiden wait till her let the
menses have passed three times, and then choose
another bride^rroom.
25. Let no maiden suffer the period of maturity
to come on without giving notice of it to her rela-
tions. Should they omit to give her in marriage,
they would be equal to the murderers of an embryo.
26. He who does not give such a maiden in mar-
riage commits the crime of an embryo as many killing
times as her period of menstruation passes by with-
out her having a husband.
27. Therefore a father must give his daughter in
marriage once (for all), as soon as the signs of matu-
rity become apparent. (By acting) otherwise he
would commit a heavy crime. Such is the rule
settled amonor the virtuous.

67, 68 jManu IX, 90-92 Yish;m XXIV, 40 Ya^wavalkya


; ; ; I, 64;
Baudhayana IV, i, 14. Read anurupa;;/ in the text.
24. This is the law in the case of a woman recently married, when
consummation has not yet taken place. As for the conduct en-
joined to one left by her husband, when they have been married
for some length of time, see paragraphs 96-101.

25. IMaturity, according to a well-known versus memorialis,


generally commences after completion of the tenth year. '
One aged
eight years is a child ; one aged nine years is a one aged
maiden ;

ten years is a virgin ; after that time she is woman.'


a marriageable
See Parajara VII, 6; Sawvarta V, 66; Gautama XVIII, 22;
XVII, 69; Vish7m XXIV, 41 IManu IX,
Vasish//ia ; 4, 93.
26. Vasish//^a XVII, 71; Ya^navalkya I, 64; Baudhayana IV,
I, 13-
27. It must not be inferred from this rule that Narada is not
1

XII, 30. MARRIAGE. I 7

28. Once is the (family) property divided, once is

a maiden given in marriage, and once does a man


say, *
I will give;' each of these three acts is done
a single time only among the virtuous.
29. This rule applies to the five (first) marriage
forms only, beginning with the Brahma (form of
marriage). In the three (others), beginning with
the Asura form, the (irrevocable) gift (of a maiden to
a particular suitor) depends on the qualities (of the
suitor).

30. Should a more respectable suitor, (who appears)


eligible in point of religious merit, fortune, and ami-
ability, present himself, when the nuptial gift has
already been presented (to the parents by the first

an advocate of infant marriage, like many other Smr/ti-writers.


Thus Daksha says, '
Let a maiden be given in marriage at the age
of eight years ; thus justice will not be violated.' Ahgiras rules that
a maiden must be given in marriage in her tenth year by all means,
R%amarta;/</a, Yama, and Paraj-ara declare that it is a heavy sin if
she continues to reside at her father's house after having reached
her twelfth year of age. VasishZ/za, Gautama, Vish//u, and IManu
(IX, 93) ordain to give a maiden in marriage before she attains
the age of puberty.
28. This is the general rule regarding the indissolubility of the
marriage tie. Divers important restrictions of this rule are stated
inparagraphs 24, 29, 30, 96-101. Identical with Manu IX, 47.
The Nepalese IMS. inserts two paragraphs here :
'
Soma springs
into existence when the marks of puberty appear, and enjoys
women. Their breast is a Gandharva, and Agni (the god of fire) is

said to dwell in their menstrual discharge. Therefore let a father


give his daughter in marriage before the marks of puberty have
appeared in her, menses and the breasts have been
and before the
developed, and before she has been enjoyed by Soma and the rest.'
The first paragraph occurs in the Pa/7/^atantra as well. See the
Petersburg Dictionary, s. v. Gandharva.
29. Other legal consequences of the choice of a particular form of
marriage are stated in the law of inheritance. See XIII, 9.
30. Out of the various meanings of the term julka, the meaning
172 NARADA. XIT, 31.

suitor), the verbal engagement (previously made)


shall be annulled.
31. Let no man calumniate a faultless maiden, nei-
ther must one calumniate a faultless suitor. When,
however, there is an actual defect, it is no offence if
they dissolve their mutual engagement.
32. When a man, after having made a solemn
promise of giving his daughter in marriage to a
certain suitor, does not deliver her afterwards, he
shall be punished by the king like a thief, in case
the suitor be faultless.
^2- But when a man gives a maiden in marriage,
who has a (secret) blemish without first making (the
defect)known, the king shall visit him with punish-
ment of the very gravest kind.
34. When a man, from hatred, declares a certain
maiden to have lost her virginity, he shall pay one
hundred Pa;/as as a fine, unless he be able to give
proofs of her disgrace.
* 35. When a man, after having plighted his faith
to a maiden, abandons her, although she is faultless,
he shall be fined and shall marry the maiden, even
against his will.

36. Affliction with a chronic or hateful disease,

*
nuptial gift, presented to the parents of the bride by the bride-
groom,' no doubt the only one which fits in this place, as it
is

appears from the preceding paragraph that this rule is applicable


principally to the Asura form of marriage, i. e. marriage by pur-
chase. Ya^/lavalkya I, 65.
31. Manu VIII, 225 IX, 72 Ya^wavalkya I, 66 Vish«u V,
; ; ; 47.
32. Manu IX, 71 Ya^navalkya I, 65.
;

33. Manu VIII, 224; IX, 73 Ya^Tlavalkya I, 66 Vishwu V,


; ; 45.
34. Vishwu V, 47; Manu VIII, 225; Y^wavalkya 1,66.
35. Ya^jlavalkya I, 66.
36. It does not become quite clear how far the last term in this
~
XIT, 41- MARRIAGE. I
73

deformity, the loss of her virginity, a blemish, and


proved intercourse with another man these are de- :

clared to be the faults of a maiden.


37. Madness, loss of caste, impotency, misery, to
have forsaken his relatives, and the two first faults
of a maiden (in the above text) : these are the faults
of a suitor.
38. Eight nuptial rites have been ordained for
the (four) castes, by which wedlock may be entered
into. The Brahma form is the first of these, the
Pra^apatya form is the second.
39. The Arsha, Daiva, Gandharva, and Asura
forms follow next. The Rakshasa form is no worse
than the one preceding it, and the Paii"a/('a is de-
clared to be the eighth.
40. In the Brahma form, a maiden decked with
ornaments is given (to the bridegroom), after he has
been invited and honourably received (by the father).
When he has been addressed with the words, Fulfil '

your sacred duties together (with her),' it is termed


the Pra^apatya form.
41. When (the father) receives (from the bride-
groom) a dress and a bull and a cow, it is termed
the Arsha form. When she is given, before the

enumeration, anyagatabhava, differs in import from the two terms


immediately preceding it. Perhaps it denotes one pregnant, or who
has had a child with another man.
37. 'To have forsaken his relatives.' It is evident that certain
near relatives must be meant, as e.g. Manu says (VIII, 389) that
a mother, father, wife, or son must not be forsaken.
38-43. Manu III, 20, 21, 27-34; Ya^ilavalkya I, 58-61;
Apastamba II, 5, 11, 17 — II, 5, 12, 2; Gautama IV, 6-13;
Baudhayana I, 20, 1-9 ; VasishZ/^a I, 28-35 ;
Vishwu XXIV,
17-26.
40. See Professor Biihler's note on Manu III, 30, 27.
I
74 NARADA. XII, 42.

altar, to a priest, who officiates at a sacrifice, it is

termed the Daiva form.


42. The union of a willing maiden with her lover
is the fifth form, termed Gandharva. When a price
is (asked for the bride by the father and) taken (by
him), it is the form termed Asura.
43. The Rakshasa form is declared to consist of
the forcible abduction of a maiden. Sexual inter-
course with a woman during her sleep or while she
isunconscious (of the approach of a man) constitutes
the eighth form, the basest of all.
Of these, the (first) four, beginning with the
44.
Brahma form, are declared to be lawful the Gan- ;

dharva form is common (to all castes) the three ;

forms, which come after it, are unlawful.


45. (Besides the lawful wives) seven other sorts
of wives are mentioned in order, who have previously
been enjoyed by another man. Among these, the
Punarbhu (woman twice married) is of three kinds,
and the Svairi;^i (wanton woman) is fourfold.
^''46. A maiden not deflowered, but disgraced by
the act of joining the bride and bridegroom's hands, is

43. The term pramatta, translated by unconscious,' may either


'

refer to a temporary or to a permanent derangement of the maiden's


intellect.

44. Manu III, 23-26; Apastamba II, 5, 12, 3; Gautama IV,

14, 15; Baudhayana I, 20, 10-16; Vish«u XXIV, 27, 28.


45. The fact that Narada treats Punarbhus, remarried women,'
'

as being only one degree superior to Svairi^is, wanton women,' '

and belonging like the latter to the category of women previously


enjoyed by another man, indicates the low estimation in which he
holds remarried women, though remarriage is a perfectly legitimate
proceeding, according to him, in certain cases. Manu V, 163;
Ya^«avalkya I, 67. Read trividha in the text.
46. ' The act of joining the bride and bridegroom's hands,' the mar-
riage ceremony. VasishZ/za XVII, 20; Manu IX, 176; VishwuXV, 8.
XII, 52. MARRIAGE. 1 75

declared to be the first Punarbhii. She is required


to have the marriage ceremony performed once more
(when she is married for the second time).
'"47. One who, after having left the husband of

her youth and betaken herself to another man, re-


turns into the house of her husband, is declared the
second (Punarbhu).
*48. When a woman, on failure of brothers-in-law.
is delivered by her relations to a Sa.pmd3. of the same
caste, termed the third (Punarbhu).
she is

*49. When
a woman, no matter whether she have
children or not, goes to live with another man
through love, her husband being alive, she is the
first Svairi;^! (wanton woman).
* 50, When a woman, after the death of her hus-
band, rejects her brothers-in-law or other (relations)
who have come to her, and unites herself with a
stranger through love, she is called the second
(Svairiwi).
*5i. One who, having come from a (foreign)
country, or having been purchased with money, or
being oppressed with hunger or thirst, gives herself
up to a man, saying, I am thine,' is declared to be ' —
the third (Svairi;^i).

*52. When a woman, after having been given in

47. Manu IX, 176; Vasish//;a XVII, 19; Vish;m XV, 9,

48. This is an allusion to the custom of Niyoga or levirate, as

described below, in paragraphs 80-88.


49. Y%?~iavalkya I, 67.
50. The '
wanton woman ' here referred to is apparently one
who, after the death of her husband, declines to perform the custom
of Niyoga with a brother-in-law or other relation, and goes to live

with a stranger instead of it.

51. 'I am thine


;
' this is the formula by which a slave that is to
be delivers himself to his future master. See above, V, 27.
52. The term utpannasahasa has been translated '
by force.'
I 76 NARADA. XII, 53.

marriage by her spiritual guides, in a manner cor-


responding with the usages of her country, (is after-
wards married) to another by force, she is called the
last Svairi^d.
Thus has the law been declared with re-
"^''53.

gard to Punarbhta and Svairi?^! wives. Among them,


each preceding one is inferior to the next in order,
and each following one is superior to the one pre-
cedinor her.
*54. The issue of those women who have been
purchased for a price belongs to the begetter. But
when nothing has been paid for a woman, her off-
spring belongs to her legitimate husband.
55. When seed is strewn on a field, without the
knowledge of the owner, the giver of the seed has
no share in it the fruit belongs absolutely to the
;

owner of the field.


56. When seed, carried off by a torrent of water
or by a gust of wind, grows up in the field of a

The Mitakshara, p. 77, interprets it by utpannavyabhiX-ara, '


through
adultery,' which seems to mean that an elopement is referred to,
and not a forcible abduction. In that case, however, this species
of wanton women would coincide entirely with the species de-
scribed in paragraph 49. Besides, it appears from what is said
in paragraph 53, that the species of wanton women described in
paragraph 52 must be less reprehensible than the three species
described in the preceding paragraphs.
53. The Nepalese IMS. has the following two paragraphs instead
of 53. *
Among the four sorts of Svairi«i women, the last re-
spectively are preferable to those previously mentioned ; the
treatment of their offspring is optional, as regards inheritance,
funeral oblations of balls of meal and water, and other concerns.
To Punarbhii women, the same rule is applicable as to Svairiwi
women. Among them (also) each preceding one is inferior,' &c.
54. This rule shows that the purchase and sale of women must
have been a very common proceeding in the times of Narada.
56. Manu IX, 54.
xir, 6r. marriage; adultery. 177

stranger, the owner of that field shall obtain the


produce ; none of the produce shall belong to the
owner of the seed.
57. When a full-grown bull begets calves with
the cows of another man, while roaming in his cow-
pen, the calves shall belong to him who owns the
cows ;
in vain has the bull spent his strength.
58. When seed is sown in the field of another
with the consent of the owner of that field, the off-

spring is considered to be the common property of


the giver of the seed and the owner of the soil.
'"'59. Grain cannot be produced without a field,
nor can it be produced without seed. Therefore
offspring belongs by right to both, the father as well
as the mother.
*6o. Nor is (legitimate) offspring produced, when
a man meets a woman at another house than her
own. That is declared adultery by those conversant
with (the law on) this subject, unless she have come
into (the man's)house of her own accord.
*6i. A man
not punishable as an adulterer for
is

having intercourse with the wife of one who has left


his wife without her fault, or of one impotent or
consumptive, if the woman herself consents to it.

57. Manu IX, 50, &c. 58. Manu IX, 53.


60. When a woman enters paramour of her
the house of her
own accord to have intercourse with him, there is no offence (on
his part). Vivada/('intama;n, p. 112. The Nepalese jNIS. reads
this paragraph differently :
'
When a man has intercourse with
a woman who has a protector living, at another man's house, it is

termed adultery by those conversant with the subject, unless,' &c.

61. When a man has connexion with a married woman, forsaken


by her husband, or whose husband is impotent or feeble, he is not
punishable, in case the woman consents to it, even though he meet
her at her own house, Vivada/C'intamawi, p. 112.

[33] N
1 78 NARADA. XII, 62.

*62. To meet with another man's wife in an un-


seasonable hour or place, and to sit, converse, or
dally with her, these are the three grades of adultery.
^'"63. When a woman and a man have meetings

at the confluence of two rivers, at a Ghat, in a


garden, or in a park, it is also termed adultery.
64. By the employment of go-betweens, dispatch
of letters and other criminal proceedings of various
kinds, adultery may be found out by the knowing.
*65. If one touches a woman in a place (where it

is) improper (to touch her) or allows himself to be

touched (in such a spot), all such acts, done with


mutual consent, are declared to be adultery.
'"66. Bestowing attentions (on a woman), sporting

(with her), touching her ornaments and clothes, sit-


ting with her on a bed, all such acts are (also) declared
to be adulterous.
^'"67. If a man seizes a woman by the hand, by a
braid of hair, or by the border of her gown, or if he
calls out, 'Stop, stop,' all such acts are (also) de-

clared to be adulterous.
68. the sending of clothes, ornaments, gar-
By
lands of flowers, drinks, food, and fragrant substances,
adultery may (also) be discovered by the wise.

62. ManuVIII, 354; Yao-ftavalkya II, 284.

63. Manu VIII, 356. The Nepalese MS. omits paragraphs 64,

65, and arranges paragraphs 66-69 differently.

65. Identical with Manu VIII, 358. 'A place (where it is) im-
proper (to For a different interpretation of this term,
touch her).'

see Professor Buhler's note on Manu VIII, 358.


66. Bestowing attentions on a woman,' doing what is agreeable
'

to her. Vivada/C'intama«i, p. no. Nearly identical with Manu


VIII, 357. -

67. Such acts, when committed against another woman than


one's own wife, constitute the offence of adultery. That is the

meaning. Vivaday^intama«i, p. no; Ya^wavalkya II, 284.


.

XIT, 74- ADULTERY. 1 79

*69. When a man, actuated by vanity, folly, or


braggartism, declares himself, that he has enjoyed
the love of a certain woman, that is also termed an
adulterous proceeding.
70. When a man has connexion with a woman of
his own caste, a fine of the highest degree (shall be
inflicted on him) ; and the middling fine, when he has
connexion with a woman of lower caste ; and capital
punishment, when he has connexion with a woman
of superior caste.
7 1 (When he has connexion) with a maiden against
her will, have two fingers cut off. If the
he shall
maiden belongs to the highest (or Brahman) caste,
death and the confiscation of his entire property (shall
be his punishment).
'"'72. When, however, he has connexion with a
willing maiden, it is no offence, but he shall bestow
ornaments on her, honour her (with other presents),
and (lawfully) espouse her.
^JZ' A
mother, mother's sister, mother-in-law,
maternal uncle's wife, father's sister, paternal uncle's
(wife), friend's (wife), pupil's wife, sister, sister's
friend, daughter-in-law,
*74. Daughter, spiritual teacher's wife, Sagotra
relation, one come to him for protection, a queen,
a female ascetic, a nurse, an honest woman, and a
female of the highest caste :

70. Manu VIII, 374-385; Ya^77avalkya II, 286; Vish«u V,


40, 41; Gautama XII, 2, 3; Baudhayana II, 3, 52, &c.
71. Manu VIII, 366, 367; Ya^;7avalkya II, 288,
72. Manu VIII, 366; Ya^;7avalkya II, 288. The Nepalese MS.
reads: *'\Vhen a man of the same caste has intercourse with
a willing maiden,'
73-75. Manu XI5 171; Ya^;7avalkya III, 231-233, &c.
N 2

1 80 NARADA. XIT, ^g.

^'75- When a man carnally knows any one out of


these (twenty) women, he is said to commit incest.
For that crime, no other punishment than excision
of the organ is considered (as a sufficient atonement).
* 76. When a man has sexual connexion with

(small) cattle, he shall pay one hundred (Pa;^as) as


a fine ;
(for sexual connexion) with a cow, he shall
pay the middling fine ; and the same (for sexual
connexion) with a low-caste woman.
* 77. Let a by the king-
punishment be inflicted

on him who has intercourse with a woman, with


whom it is forbidden to have intercourse, and let
such sinners be cleared (of the moral offence com-
mitted by them) by performing a penance.
* yS. Intercourse is permitted with a wanton
woman, who belongs to another than the Brahman
caste, or a prostitute, or a female slave, or a female
not restrained by her master (nishkasini), if these
women belong to a lower caste than oneself; but
with a woman of superior caste, intercourse is pro-
hibited.

75. The fact that female ascetics (pravra_o-ita) are reckoned by


Narada among those females whose violation is incest — literally

'an offence as heavy as the violation of a spiritual teacher's bed'


constitutes an important difference between his teaching and
Manu's. Manu ordains the same punishment for the violation of
female ascetics as for the violation of the wives of actors and singers
and other abandoned women. See Professor Biihler's note on
Manu VIII, 363. All commentators declare that this rule is

applicable in the case of guarded women only. The Vivada/^in-


tama«i says that the term '
mother ' denotes a stepmother in
paragraph 73.
76. Vish;m V, 43, 44; Manu VIII, 385; Ya^;7avalkya II, 289.
78. The two terms, svairi;zi, 'a wanton woman,' and abrahmawi,
'
one not belonging to the Brahman caste,' have to be connected.
'A wanton woman,' a self-willed unchaste woman. Nishkasini
XII, 84. ADULTERY ; LEVIRATE, I 8 I

* 79. When, however, such a woman is the kept


mistress (of another man, intercourse with her) is

as criminal as (intercourse) with another man's wife.


Such women, though intercourse with them is not
(in general) forbidden, must not be approached,

because they belong to another man.


* 80. Should the husband of a childless woman

die, she must go to her brother-in-law, through

desire to obtain a son, after having received the


(required) authorization from her Gurus.
81. And he have intercourse with her, till a
shall
son be born. When a son is born, he must leave
her. It would be sinful intercourse otherwise.
82-84. (He shall approach) a woman who has
brought forth male and who is praiseworthy,
issue,

free from passion, and without amorous desire. He


must have anointed his limbs with clarified butter,
or with oil which has not lost its natural condition,
and must turn away his face from hers, and avoid
the contact of limb with limb. For this (custom is

means 'one who has her family' according to the Madanaratna,


left

and 'a female slave not restrained by her master' according to


Vi^T/anejvara, MadhavaHrya, and the rest, Viramitrodaya, p. 510.
See above, V, 39.
79. Ya^wavalkya II, 290. The Nepalese MS. reads 'when they
belong to another man.'
80-88. Manu IX, 59-64, 143; Ya^/lavalkya I, 69; Gautama
XVIII, 4-8; Apastamba II, 10, 27, 2, 3; Vasish//^a XVII, 55, 66;
Baudhayana II, 4, 9-10, Regarding the history of the Indian
levirate, see my '
OiUlines of a History of Hindu Law' (Tagore
Law Lectures for 1883), pp. 153, 154.
80. The Gurus intended are, the teacher, sub-teacher, and
officiating priests of the deceased husband. See Professor Biihler's
note on Vasish/Z/a XVII, 56. According to Vasish///a, the authority
of both the Gurus and relatives is required. The relatives are

referred to by Narada himself, paragraphs 82-84.


1 82 NARADA. XIT, 85.

practised) when the family threatens to become


extinct, for the continuation of the Hneage, and not
from amorous desire. He must not approach a
woman who is with child, or blamable, or unau-
thorized by her relations. Should a woman pro-
create a son with her brother-in-law without having
been authorized thereto by her relations,
85. He is declared an illegitimate, and incapable
of inheriting, by the expounders of the Veda. So
when a younger brother has intercourse, without
authorization, with the wife of his elder brother,
86. Or an elder brother with the wife of his
younger brother, they are both declared to commit
incest. After having been authorized by the Gurus,
he shall approach the woman and advise her,
* 87. In the manner previously stated, (as if she
were) his daughter-in-law. He becomes pure, when
the ceremony for the birth of a male child is
performed. (Let him approach her) once, or till
she has conceived. When she is pregnant, she is
even as (his daughter-in-law).

86. According to Gagannatha's reading of these texts, the ap-


pointment to raise offspring may be given by the king also, where
Gurus and relations are wanting. The same clause is found in the
Nepalese MS. 'He shall advise the woman' means, according to
Gagannatha, '
he shall teach her the general illegality of receiving

the caresses of other men, and the particular legality of an appoint-


ment to raise up offspring.' See Colebrooke's (Gagannalha's) Digest,
IV, 4, 147.
;

87. '
His daughter-in-law ' a brother's wife is considered as similar
to a daughter-in-law, according to G^agannatha. See loc. cit. The
'
ceremony for the birth of a male child ' (Pu7«savana), which has
the procreation of a son for its object, is usually performed at the

time when the mother perceives the first signs of a living con-
ception. It has to be observed that the reading of this paragraph
is and its rendering
uncertain, conjectural. The Nepalese MS.
agrees wdth Cagannatha.
xiT, 92. levirate; divorce. 183

* 88.Should the man or woman behave other-


wise, impelled by amorous desire, they shall be
punished severely by the king. Otherwise justice
would be violated.
* 89. Husband and wife must not lodge a plaint
against one another with their relations, or the king,
when a quarrel has arisen through passion, which
has its root in jealousy or scorn.
90. When husband and wife leave one another,
from mutual dislike, it is a sin, except when a
woman, who is kept under supervision, commits
adultery.
*9i. When a married woman commits adultery,

her hair shall be shaved, she shall have to lie on a


low couch, receive bad food and bad clothing, and
the removal of the sweepings shall be assigned to
her as her occupation.
* 92. One who wastes the entire property of her

husband under the pretence that it is (her own) Stri-

dhana, or who procures abortion, or who makes an

89. The term sa?«bandha, literally 'connexion,' has been rendered

by 'a quarrel.' It can hardly be referred to friendly connexion


(with another man or woman) in this place. The prohibition of

lawsuits between wife and husband may be compared


to the

analogous prohibition, in the case of husband and wife, of surety-

ship, division of property, contracting of debts,


and giving evi-
dence.
quotes this text as
91. Mitrami^ra, in the Viramitrodaya, p. 520,
proving that an adulteress even has a claim to maintenance. He
interprets it as follows. When a woman has committed adultery
through amorous desire, she shall be shaved and compelled
to lie

low bad food and a bad dwelling shall be given to her


on a couch,
for her maintenance and the removal of rubbish shall be assigned
;

to her as her occupation. Ya^;7avalkya I, 70.

92.As for the constituents of Stridhana, or separate property of


a woman, see XIII, 8.
1
84 NARADA. XII, 93.

attempt on her husband's life, he shall banish


from the town.
"
93- always shows malice to him, or
C)i"i^ ^'^^^

who makes unkind speeches, or eats before her


husband, he shall quickly expel from his house.
* 94. Let not a husband show love to a barren
woman, or to one who gives birth to female children
only, or whose conduct is blamable, or who con-
stantly contradicts him if he does (have conjugal
;

intercourse with her), he becomes liable to censure


(himself).
* 95. If a man leaves a wife who is obedient,
pleasant-spoken, and the mother
skilful, virtuous,
of (male) issue, the king shall make him mindful of
his duty by (inflicting) severe punishment (on him).
96. When a faultless maiden has been married
to a man who has a blemish unknown (before his
marriage), and does not repair to another man (after

discovering it), she shall be enjoined to do so by


her relations. If she has no relations living, she
shall go (to live with another man) of her own
accord.
97. When her husband is lost or dead, when he

93. 'He from his house.' This, according to an


shall expel
interpretation mentioned by Gagannatha, means that he shall
banish her from the principal habitation, assigning to her a separate
dwelling within his close. See Colebrooke's Digest, IV, i, 63.
This interpretation is hardly correct, though it is interesting as it
shows the tendency of the commentators to explain away those
laws under which married women were deprived of their claim to
maintenance. J\lanu IX, 80, 81 ; Ya^wavalkya I, 73, &c.
96. This rule shows that a marriage is dissoluble on the discovery
of a blemish, as well as a betrothal. See XII, 3.
97. 'Lost,' i.e.gone no one knows whiiher. This text, or an
identical text of Para^ara, has been frequently appealed to by the
XII, lOl. DIVORCE AND SEPARATION. 1
85

ascetic, when he is impotent,


has become a religious
and when he has been expelled from caste these :

are the five cases of legal necessity, in which a


woman may be justified in taking another husband.
98. Eight years shall a Brahman woman wait for
the return of her absent husband ; or four years, if

she has no issue ; after that time, she may betake


herself to another man.
99. A Kshatriya woman shall wait six years ;

or three years, if she has no issue ; a Vaii'ya woman


shall wait four (years), if she has issue; any other
Vaii'ya woman (i. e. one who has no issue), two
years.
100. No such (definite) period is prescribed for
a woman, whose husband is gone on a
vSudra
journey. Twice the above period is ordained, when
the (absent) husband is alive and tidings are re-
ceived of him.
10 1. The above series of rules has been laid
down by the Creator of the world for those cases
where a man has disappeared. No offence is im-
puted to a woman if she goes to live with another
man after (the fixed period has elapsed).

modern advocates of the remarriage of widows in India. Vasish//^a


XVII, 74.
98, 99. Vasish/^a XVII, 75-80; Manu IX, 76, 77; Gautama
XVIII, 15-17.
100, loi. The Nepalese MS. has three paragraphs instead of
these two, as follows :
— ' 100. No such period is ordained for
a 6udra woman, nor is justice violated (in her case). The utmost
limit for her is a year, especially if she has no issue. loi. This
term has been ordained for the wives of absent husbands who are
dead. Twice the same term is ordained, when (the absent husband)
is alive and tidings are received of him. loi a. The (other) term has
been ordained for those who have issue Afterwards, no offence(.-').

is imputed to a woman who goes to live with another man.'


;

1 86 NARADA. XTI, 102.

102. This body of laws is applicable to the off-


spring of unions in the direct order of the castes
the offspring of a marriage union in the inverse
order of the castes is said to be (produced by) a
confusion of castes.
103. There are Anantara, Ekantara, and Dvyan-
tara sons both in the direct and inverse order of
the castes.
104. (Of this description are) the Ugra, Paramva,
and Nishada, (who are begotten) in the direct order,
as w^ell as the Ambash///a, Magadha, and Kshattrz,
who spring from a Kshatriya woman.
105. One of these (latter castes) is begotten in

the direct order, of the two (others) it must be


known that they are (begotten) in an inverse order.
The Kshattrz and the rest are begotten in an

102. 'In the direct order of the castes,' i.e. where a man of

higher marries a woman of lower caste. In the inverse order of the


'

castes/ i.e. where a woman of higher marries a man of lower caste.


103-113. INIanu X, 6-41; Gautama IV, 16-28; Vasish/.^a
XVIII; Baudhayana I, 16, 6-12, 17 passim; Vishwu XVI, 1-7;
Yao-77avalkya I, 91-95.

103. An Anantara is the son of a father whose caste is only one


degree higher or lower than the caste of the mother. An Ekantara
is the son of a father whose caste is two degrees higher or lower
than the caste of the mother. A Dvyantara is the son of a father

whose caste is three degrees higher or lower than the caste of the
mother. The Nepalese MS., throughout superior to the Indian
MSS,, reads as follows: — ' 103. An Ugra, Parajava, and Nishada
are (begotten) in the direct order, and are declared to be the sons of
6'udra women with husbands of the (three) higher castes. 104. Of
a Brahman woman are born a Ksindzla, a Suta, and aVaidehaka;
they are declared to spring in an inverse order, from their union
with husbands of different caste. 105. An Ambash///a, Magadha,
and Kshattri' are the sons of a Kshatriya woman. Of these, one is
born in the direct, and two are born in the inverse order. 106 a. Of
a Vaijya woman, are born an Ambash//^a, Yavana, and Ayogava.
XII, io8. MIXED CASTES. 1
87

inverse order, the (three) mentioned first in the


direct order.
106. Sacraments, beginning with the boihng of
gruel, three times seven in number (shall be per-
formed) by them. The son (of a Brahman) with a
Brahman woman is equal in caste (to his father).
The son (of a Brahman) with a Kshatriya woman is

an Anantara.
107. An
Ambash//^a and an Ugra are begotten
in the same way by Kshatriya men and on Vai^ya
women respectively. An Ambash///a is an Ekantara,
the son of a Brahman with a Vaii-ya woman.
108. In the same way, a son called Nishada

Of these, one is born in the inverse, and two are born in the direct

order. 106 b. A Suta and the other Pratilomas (men .born in the
who are begotten contrary to order, are declared to
inverse order),
partake of the series of three times seven sacraments, beginning
with the Paka ceremony (cooking food). 106 c. The son,' &c.
The meaning of the first
106. half of this paragraph is some-
what -obscure. The term tri/^ sapta, '
three times seven,' has
been connected with sa7«skaraj, sacraments.' The sacraments are
'

peculiar to those mixed castes, which are procreated in the direct


order of castes. See Manu X, 41. The 'boiling of gruel'
(/^arupaka) being mentioned as the first sacrament, it appears that
the sacraments here referred to are identical with the ya^;7as,
'
sacrifices,' of which there are twent)'-one according to the usual

theory. See Gautama XVIII, 18-20, and Professor Weber's paper


on Vedic Sacrificial Rites, Indische Studien, X, p. 320. It is also
possible to connect the clause '
three times seven ' with '
them.' The
number of twenty-one mixed castes procreated in a direct order is
received by adding the fifteen castes springing from a further mixture
between the mixed castes (Manu X, 31) to the six principal mixed
castes procreated in a direct order. For vai mata//, as I have con-
jectured, the ]MSS. read kosh///ata/z, which might be rendered '(The
twenty-one sacraments, beginning with the boiling of gruel, have to
be performed by them) out of a pot.' However, the correctness of
this reading is liable to considerable doubt. The Nepalese MS,
reads, te saz^/skaraj-^'a pakadyas tesha/;^ tri;^ saptako ga«a/^. This
is perhaps the original reading. See the preceding note.
l88 NARADA. XII, 109.

Springs from the union of a Kshatriya with a 6'uclra


woman. A vSudra woman obtains from a Brahman
a son (called) Para^ava, who is superior (to the
Nishada).
109. Thus have the sons born in the direct order
of castes been declared. The two
A
sons called Suta
and Magadha as well as the Ayogava,
1 10. And the Kshattrz andVaidehaka are begotten

in the inverse order of castes. The Suta Is declared


to be an Anantara, begotten by a Kshatriya on a
Brahman woman. A

111. Similarly, the Magadha and Ayogava are


the sons of Vai^ya and .Sudra fathers (and of a
Brahman mother). A Brahman woman obtains of
a Vai^ya father an Ekantara son, the Vaidehaka.
112. A Kshatriya woman (obtains of a Sudra) an
Ekantara son, called Kshattrz. A Dvyantara son in
the inverse order, the most abject of men, because he
is the fruit of sinful intercourse,
1 1 3. Ka.7ida.\a. born of a ^'udra, when
by name, is

a Brahman woman forgets herself (with him). There-


fore must the king take special care to prevent
women from sinful intercourse with men of different
caste.

THIRTEENTH TITLE OF LAW.


The Law of Inheritance.

*i. Where a partition of the paternal property

113. The Nepalese MS. inserts the following before the clause
beginning with the word 'Therefore:' —
'Because confusion of the
castes springs up, where the king keeps no watch over them.'
XIII, I, The term 'sons' includes by implication grandsons and
;

XIII, 4- MIXED castes; INHERITANCE. 1 89

is instituted by the sons, it is called by the learned,


Partition of Property, a title of law.
* 2. The father being dead, the sons shall divide
the estate as they ought ;
(and so shall) daughters
(divide the property) of their mother (when she dies)
or, failing daughters, their issue.
''''

3. (The distribution of the property shall take


place) when the mother has ceased to menstruate
and the sisters are married, or when the father's
sexual desire is extinguished and he has ceased
to care for worldly interests.
""'
4. Or let a father distribute his property among
his sons himself, when he is stricken in years, either
allotting a larger share to the eldest son, or (dis-
tributing the property in any other way) following
his own inclination.

mere remote descendants. The term paternal includes property '


'

of the grandfather and more remote ancestors as well. Mandlik's


Mayukha, p. 33 (IV, 3, i, Borrodaile). Analogous remarks are found

in most other Commentaries.


2. 'Their issue' (tadanvaya/^). According to the usual ex-
planation, the male issue of the daughters is meant. However,
there is nothina: in the text to warrant an exclusion of the female
issue of daughters. Manu IX, 104, 192; Ya^;7avalkya II, 117;
Gautama XXVIII, i ; Baudhayana II, 3, 8.

3. According to the Mayukha, the clause '


when the sisters are

married has to be construed with both the preceding and following


'

clauses, the marriage of the sisters being required to precede both


a division in the father's lifetime and a division in the mother's
lifetime. See Mayukha, p. 33 (translation, p. 39). The Daya-
bhaga has a totally different reading of this text, which is censured
in the Viramitrodaya. Gautama XXVIII, i.

4. The Dayabhaga (II, 82, Colebrooke) states correctly that the

unequal distribution referred to in the last clause of this text must


be different from that unequal distribution under which the
sort of

eldest son is to receive a larger share than the rest. The Mitak-
shara school, on the other hand, recognises two different modes of
igO NARADA. XIIT, 5.

* 5. Or the senior brother shall maintain all (the

junior brothers), like a father, if they wish it, or even

the youngest brother, if able the well-being of a ;

family depends on the ability (of its head).


*6. Property gained by valour, or belonging to

a wife, and the gains of science, are three kinds


of wealth not subject to partition and so is a favour ;

conferred by the father (exempt from partition).


* 7, When the mother has bestowed (a portion

of) her property on any (of her sons) from affection,


the rule is the same in that case also mother ;
for the

is equal to the father (as regards her competence to


bestow gifts).

*8. What (was given) before the (nuptial) fire,

what (was given) during the bridal procession, the


husband's donation, and what was received from
her brother, mother, or father, that is called the six-

fold property of a woman (Stridhana).

distribution only: one equal, and the other with the customary
deductions in favour of the eldest son, middlemost son, &c., ac-
cording to the order of seniority. The writers of this school,

have endeavoured to refute the interpretation of the


therefore,
Dayabhaga. See Viramitrodaya, transl., p. 54.— Manu IX, 112
foil.; Ya^fiavalkya II, 114; Apastamba II, 6, 14; Gautama
XXVIII, 2 Vishwu XVII, i
; ; Baudhayana II, 3, 9.

5, As the management of the property and government of the

family, under this rule, may devolve on the youngest brother even,
it follows that the middlemost brother may get it a fortiori. This
is expressly stated in the Dayabhaga (III, i, 15, Colebrooke).
Manu IX, 108.
6. '
What was received at the time of obtaining a wife is here
called the "wealth of a wife;" meaning effects obtained on
account of marriage.' Dayabhaga (VI, i, 13, Colebrooke); Manu
IX, 206; Yao-?lavalkya II, 119.
8. It may be asked by whom the gifts presented before the
nuptial and during the bridal procession, i. e. at two different
fire

stages of the marriage ceremony, must have been presented in


XIII, 12. INHERITANCE. I91

*9. Such property of a woman shall go to her


offspring if she have no offspring, it is declared to
;

go to her husband (if she was married to him)


according to one of the four (praiseworthy) marriage
forms, beginning with the Brahma form ;
(if she
was married) according to one of the other forms, it

shall go to her parents.


*io. When one brother maintains the family of
another brother, who is engaged in studying science,
he shall receive a share of the wealth gained by
that study, though he be ignorant (himself).
* 1 1. A
learned man is not bound to oive a share
of his own (acquired) wealth against his will to an
unlearned co-heir, unless it have been gained by
him using the paternal estate.
*i2. Two shares let the father keep for himself

order to be Stridhana. As all the other gifts classed as Stridhana


are presented by relations, it may be inferred that the nuptial
gifts have to come from the same quarter. Katyayana declares
expressly that a gift made by a stranger is not Stridhana. Manu
IX, 194; Ya^ilavalkya II, 143, 144; Vish;m XVII, 18.

9. See XII, 38 foil. The commentators are of opinion that the


Gandharva form of marriage follows the same rule as those four
forms which are referred to in the first half of this text. This,
however, is an artificial interpretation, which has merely been de-
vised for the purpose of making this text agree with an analogous
rule of Manu (IX, 196). Manu
IX, 195-197 Y%«avalkya II, ;

144, 145; Vish/m XVII, 19-21; Vasish///a XVII, 46; Baudha-


yana II, 2, 3, 43. Read X-aturshvahu/z in the text.
10. 6'rik;Vsh«a observes that where the support has been offered
by several unlearned co-heirs, they shall all of them be made to
participate in the gains of science. See Colebrooke's Dayabhaga,
VI, I, 15, note.
11. ' The word " paternal " intends joint property.' Dayabhaga
VI, I, 17; ]\Ianu IX, 206; Ya^wavalkya II, 119; Gautama
XXVIII, 30.
12. The rule which assigns two shares to a father distributing
192 NARADA. XIII, 13.

when distributing his property. The mother shall

receive the same share as a son (when the sons


divide the property) after her husband's death.
* 1 3. To the eldest son a larger share shall be

allotted, and a less share is assigned to the youngest


son. The rest shall take equal shares, and so shall

an unmarried sister.

*i4. The same rule applies to sons of a wife


(Kshetra^as) lawfully begotten on her. For sons
of lower caste, a decrease in the shares according
to the order (of their caste) is ordained, in case they
are born of women legally married.
*I5. When a father has distributed his property
amongst his sons, that is a lawful distribution for
them (and cannot be annulled), whether the share
of one be less, or greater than, or equal to the
shares of the rest ; for the father is the lord of all.

his property himself, is referred to the father's self-acquired property


in the IMitakshara school, and to ancestral property in the Bengal
school. This difference of interpretation is connected with the
varying views taken in the several schools of law of the extent of
the patria potestas in questions of proprietary right and inheritance.
See Dayabhaga II, 35, Colebrooke ; Mitakshara I, 5, 7, Colebrooke.
Ya^iiavalkya 123 Vishwu XVIII, 34.
II, ;

13. The share of an unmarried daughter, according to the


translation here given, would have to be equal to the shares of the
middlemost brothers. According to Gagannalha, all that is meant
by Narada is this, some portion of
that the daughter shall receive
the property, the precise amount of it being left undecided. See
Colebrooke's Digest, V, i, 71.— Manu IX, 113-118; Vish;/u XVII,
37; XVIII, 35; Baudhayana II, 3, 9; Gautama XXVIII, 5-13;
VasishMa XVII, 42 foil.; Apastamba II, 6, 14, 6-10 Ya^?7avalkya ;

II, 114, 124.


14. For the rules regarding the procreation of a Kshetra^a son,
see XII, 80-88. Gautama XXVIII, 35-39; Vasish/>^a XVII,
47-50; Visbm XVIII, 1-3 1 Baudhayana II, 3, 10; Ya^«a-
;

valkya II, 125; Manu IX, 149-156.


15. The writers of the Bengal school give this text its plain
XIII, ig. INHERITANCE. 1 93

*i6. A father who is diseased, or angry, or ab-


sorbed by (sinful) worldly interests, or who acts
illegally, has not the power to distribute his property
(as he likes).
* 1 7. The son of a maiden, a son obtained through
a pregnant bride, and one born of a woman (whose
transgression was) unknown (at first and Is found out
subsequently) : of these, the mother's husband is

res^arded as the father, and thev are declared to be


entitled to shares of his property.
*i8, A maiden's son, whose father is unknown
and whose mother Is not legally married (to his
father), shall give a funeral ball (of rice) to his
maternal grandfather and inherit his property.
'"'19. Those sons who have been begotten by one
or by many on a woman not authorized (to raise
issue to her deceased husband), shall all be dls-

meaning, viz. that a father may distribute his property among his

sons as he pleases. They add, however, that in doing so he must


be guided by lawful motives, such as compassion on an incapable
son, partiality for a pious son, and the like. See Dayabhaga 11,

74,75; Colebrooke's Digest, V, i, 32. The Mayukha, on the


other hand, declares that this rule of Narada had legal force in the
former ages of the world only. See Mandlik's JNIayukha, p. 35
(transl. p. 43). Ya^;7avalkya 11, 116.
16. This rule 'relates to the case where the father, through
perturbation of mind occasioned by disease or the like, or through
irritation against any one of his sons, or through partiality for the

child of a favourite wife, makes a distribution not conformable to


law.' Colebrooke's Dayabhaga II, 83. The Mitakshara (I, 2, 13,

14), cutting down the privileges of the father everywhere, interprets


this rule as a prohibition of any other mode of unequal distribution
except that by which the customary deductions are made in favour

of the eldest son, &c.


17, 18. Manu IX, 170-172 Ya^/7avalkya II, 129; Vish;/u XV,
;

10-17; Vasish///a XVII, 21-23.


19. Regarding the rule of Niyoga, or appointment of a married

[33] O
194 NARADA. XIII, 20.

inherited ; they are the sons of their (respective)


begetters only.
* 20. They shall offer the funeral ball (of rice) to
their begetter, in case their mother had been
obtained for a price ; if no price has been paid for
her, they shall give the funeral ball to the husband
(of their mother).
*2i. One hostile to his father, or expelled from
caste, or impotent, or guilty of a minor offence,
shall not even take a share (of the inheritance), if he
is a legitimate son ; much less so, if he is a (Kshetra^a)
son of the wife (only).
*22. Persons afflicted with a chronic or acute
disease, or idiotic, or mad, or blind, or lame (are
also incapable of inheriting). They shall be main-
tained by the family ; but their sons shall receive
their respective shares (of the inheritance).
* 2 ^. The sons of two fathers shall orive the funeral

woman or widow to raise offspring to her husband, see XII, 80-88 ;

Manu IX, 143.


20. See XII, 54.
21, 22. Manu IX, 201-203; Apastamba II, 6, 14, i, 15;
Gautama XXVIII, 23, 40, 43 ; XVII, 52, 53 Baudha-
Vasish/Zia ;

yana 3,37-40; Vish;/u XV, 32-37; Ya^;7avalkya II, 140, 141.


II,

21. The commentators are at variance as to the precise meaning


of the term 'hostile to his father.' Thus the Sarasvativilasa declares
it to denote one who forgets himself so far as to say, ' He is not my
father.' The Dayakramasahgraha says it means one who beats his
father. According to G^agannatha and the Ratnakara, it means
'
one who attempts his father's life or commits other hostile acts
against him (mara«adik;Yt), and who fails to offer the customary
funeral oblations to his father after his death.' See Colebrooke's
Digest, V, 4. 320.
22. Atrophy or pulmonary consumption is instanced as a chronic,
and leprosy as an acute disease, in the Ratnakara. See Colebrooke's
Digest, loc. cit.

23. ' The adoptive father,' literally '


the man who ow-ns the

XIII, 25- INHERITANCE. 1 95

ball (of rice) and the water oblations to each of the


two (fathers) singly, and shall receive one half of the
property left by their natural and adoptive fathers.
* 24. That portion (of the property) which belongs
to a reunited coparcener is declared to be absolutely
his own. So when one of the sharers has no issue
it shall go to the rest (after the death) of those who
are childless.
^25. If among several brothers one childless
should die or become a religious ascetic, the others
shall divide his property, excepting the Stridhana.

mother ' (Kshetrika). The '


son of two fathers ' is no doubt one
procreated by Niyoga on the wife of one impotent, &c. It is not
equally clear why he is to obtain one half only of the property left

by his two fathers, as he is elsewhere declared to succeed to both.


According to the Ratnakara, this rule where the
'
relates to the case
natural father has a son begotten in lawful wedlock, and the husband
of the mother also has by some means (kathaw/^it) obtained male
issue by himself begotten.' See Colebrooke's Digest, V, 4, 242.
Ya^?7avalkya II, 127; I\Ianu IX, 145, 190 ; Baudhayana II, 3, 18, 19.

24. For several other interpretations of this difficult text, see


Colebrooke's Digest, V, 8, 433. It has to be observed, however,
that the reading translated here differs from the reading translated
by Colebrooke.
25, 26. The fact that the widow is invested with a claim to
maintenance merely under this text, whereas the leading texts of
Ya^;7avalk}'a and Vish;m constitute her heir to the property of a
husband who has died without leaving male issue, has caused some
difficulty to the commentators. Thus Madana says that this text

must be held applicable to the widow of an undivided or reunited


coparcener only, who is given a mere claim to maintenance by all

writers of the Mitakshara school. The writers of the Bengal


school, on the other hand, recognise the widow's right of inherit-
ance in the case of undivided coparceners even. It appears, how-
ever, from the order of heirs given in 49-51, that Narada does not
make widow an heir in any case.
the
]Manu IX, 212; Ya^/Tavalkya
25. II, 138; Vishwu XVII, 17;
Gautama XVIII, 21.
O 2
196 NARADA. XIII, 26.

*26. They shall make provision for his women


till they die, in case they remain faithful to the bed
of their husband. Should the women not (remain
chaste), they must cut off that allowance.
*2 7. If he has left a daughter, her father's share
is destined for her maintenance. They shall main-
tain her up to the time of her marriage ;
afterwards
lether husband keep her.
*28. After the death of her lord, the relations
of her husband shall be the guardians of a woman
who has no son. They shall have full authority to
control her, to regulate her mode of life, and to main-

tain her.
*29. When the husband's family is extinct, or

contains no male, or when it Is reduced to poverty,


or when no one related to it widiin the degree of a
Sa-pvida Is left, the father's relations shall be the
guardians of a woman.
"''30. It is through independence that women go

26. Ya^;7avalkya II, 142.

27. 'They shall maintain her,' literally 'they shall give her a

share.' See par. 13, where a share is allotted to an unmarried


sister. The maintenance of the daughter includes, no doubt, the
obligation to defray the expense of her marriage. Y%«avalkya
11, 141.
commentators declare that the right of guardianship
28. All the
goes in the order of proximity. Thus, without (her guardian's)
'

consent, she may not give away anything to any person nor ;

mdulge herself in matters of shape, taste, smell, and the like and ;

if the means of subsistence be wanting he must provide her main-


tenance.' Cagannatha. See Colebrooke's Digest, IV, i, 13.

29. The Nepalese IMS. and the commentaries insert the following
*
text here :both families are extinct, the king is declared to be
' If

the protector of a woman he shall provide for her and punish her
;

Avhen she has swerved from the path of duty.'

30,31. Vasish///aV, i, 2; Baudhayana II, 3, 44, 45; Gautama


XIII, 33- INHERITANCE. 19/

to ruin,though born in a noble family. Therefore


the Lord of creatures has assigned a dependent con-
dition to them.
*3i. The father protects her during her infancy,
the husband protects her when she is grown up, and
the sons (protect her) in her old age. A woman is

unfit to enjoy independence.


*32. What is left (of the father's property), when
the father's obliofations have been discharoed, and
when the father's debts have been paid, shall be
divided by the brothers, in order that the father
may not continue a debtor.
* w^iom the initiatory
F^or those (brothers), for
S^,.

ceremonies have not been duly performed by their


father, they must be performed by the (other) brothers,
(defraying the expense) from the paternal property.

XVIII, I ; Manu IX, 3 ;


A^ 148 ; Ya^^avalkya I, 85 ; Vish;m XXV,
12, 13.
30. '
They go to ruin,' i. e. they are guilty of disloyalty and
other offences; thus, because they do not know what is legal

for those who live exactly according to sacred ordinances, and


because they cannot be instructed, they would violate the duties of
their class and the like. G^agannatha. See Colebrooke's Digest,
IV, I, 4-

32. The term pitr/daj'ebhyo, 'when the father's obligations have


been discharged,' is differently explained by different commentators.
Thus Varadara^a (Burnell's Vyavaharanir«aya, p. 1 8) says it denotes
the father's funeral rites and the like. A/('yuta, as quoted in Cole-

brooke'sDayabhaga I, 47, note, refers it to sums of which


payment has been promised by the father. Manu VIII, 166;
IX, 104; Baudhayana II, 3, 8; Gautama XXVIII, i; Ya^?7a-
valkya II, 117. Read dattvar«a;« in the text.

33. There appears to be some doubt as to what is meant here


by the term sawskara, initiatory or sacramental ceremonies,' some
'

commentators including the ceremony of marriage in that term, and


others declaring the initiatory ceremonies to terminate with the
investiture with the sacred thread. Ya^;7avalkya II, 124.
198 NARADA. XIII, 34.

*34. Or, no paternal wealth being- left, the


initiatory ceremonies must be invariably performed
for their brothers by those previously initiated con-
tributing (the required) funds from their own portions.
* 35- C)ne who, being authorized to look after
the affairs of the family, charges himself with the
management (of the family property), shall be sup-
ported by his brothers with (presents of) food,
clothing, and vehicles.
* When the fact of a legal partition should be
6.

called into question, the decision of the dispute


(which has arisen) among the sharers shall be
founded on (the testimony of) kinsmen, the written
deed recording the division of the estate, and the
separate transaction of business.
*37. Among unseparated brothers, the perform-
ance of religious duties is single. When they have
come to a partition, they have to perform their re-
liofious duties each for himself.

35. Some commentators explain this text as having reference to


one who generously declines to take his share at the time of
partition. His share shall be made up afterwards by the other
brothers contributing severally a portion of their shares. However,
there seems to be more foundation for the opinion of those com-
mentators who interpret this text as ordaining the allotment of a
preferential share or the presentation of special gifts to the manager
of the family property. See Colebrooke's Digest, V, 2, 108.
The commentators observe that the
36. contest here referred to
does not turn on the mode but on the fact of partition. See Cole-
brooke's Digest, V, 6, 381. The business here referred to consists
of agriculture and the like acts, according to the j\Iitakshara.
Ya^wavalkya II, 149.
37. The term 'religious duties,' according to the Mitakshara,
relates principally to the five Mahaya^was, great sacrifices or
' '

'
sacraments.' Before division they are performed by one brother,
generally the eldest brother, as representative of the rest. Manu
IX, in; Gautama XXVIII, 4.
;

XIII, 42. INHERITANCE. 199

*38. Giving, receiving, cattle, food, houses, fields,


and servants must be regarded as separate among
divided brothers, and so must cooking, religious
duties, income, and expenditure (be kept separate
for each of them).
*39. (The acts of) giving evidence, of becoming a
and of taking, may be mutually
surety, of giving,
performed by divided brothers, but not by unsepa-
rated ones,
*40. If (brothers or others) should transact such
matters as these publicly with their co-heirs, they
may be presumed to be separate in affairs, even
though no written record (of the partition) be in

existence,
*4i. Those brothers who for ten years continue

to live separate in point of religious duties and


business transactions, should be regarded as separate
that is a settled rule.
*42. When a number of persons, the descendants
of one man, are separate in point of (the performance
of) religious duties, business transactions, and work-

38. '
Giving and receiving,' without consulting each other. Pur-
chase of '
cattle and the like. See Colebrooke's Digest, V, 6, 380.
The upshot of a long discussion of this text by Cagannatha is this,
that none of the acts mentioned here may be regarded as conclusive
evidence by itself, a great deal of collective evidence of all sorts
having to be adduced in each case. See Colebrooke's Digest, V,
6,387-
39. Ya^;7avalkya II, 52.
41. The term 'brothers' is here used to denote coparceners
generally. Smr/ti^'andrika XVI, 14. The Sarasvativilasa (§ 812,

Foulkes) contests the correctness of this interpretation. The


Nepalese MS. does not give this paragraph, and it is elsewhere
attributed to Brz'haspati.
42, 43. 'Religious duties,' prescribed observances,
such as the
five great sacrifices (Mahayao-«as). Business transactions,' such as
'
200 NARADA. XIIT. 43.

ing Utensils, and do not consult each other about


their dealings,
*43. They are quite at liberty to perform, accord-
ing to pleasure, all (such transactions as) the gift or
sale of their own shares. They are (in fact) masters
of their own wealth.
*44. One born after partition shall receive his
father's property exclusively. Or, if other sharers
have reunited with the father, they shall come to a
division (with the son born after partition). Such
is the law.
*45. The legitimate son of the body, the son
begotten on a wife (Kshetra.^a), the son of an
(appointed) daughter, the son of a maiden, the son
received with the wife, the son secretly born,
*46. The son of a remarried woman, the son
cast off, the adopted son, the son bought, the son
made, and the son who has offered himself, are
declared to be the twelve sons.
*47. Among these, six are kinsmen and heirs,

and six are not heirs (but) kinsmen. Each pre-


ceding one is declared to be superior (to the one

trading and the like acts. '


Working utensils,' such as household
furniture, the separate possession of "which is indicative of partition.

The meaning is that, when they are separated thus, each may
give, sell, or otherwise dispose of (his share). Mayukha, p. 51
(transl. p. 76).

44. ^Nlanu IX, 216; Ya^wavalkya II, 122; Gautama XXVIII,


29 Vishwu XVII, 3. This text is not found in the Nepalese ]\IS.,
;

nor is it commonly quoted in the Digests.


45-47, 49. Manu IX, 158-184; Vish/m XV, 1-29; VasishMa
XVII, 12-39; Baudhayana II, 2, 3, 14-32; Ya^wavalkya II,

128-132.
45, 46. Regarding the meaning of the technical terms in
this

text, see the corresponding portion of the Code of IManu, and the

notes on them in Professor Btihler's translation.


XIIT, 51. INHERITANCE. 20I

following next), and each following one inferior (to


the preceding one).
[48. Where some doubt arises in regard to a
house or field, the possession of which has suffered
an interruption, (the doubt) may be removed by
consulting a writing, or persons who know all about
the enjoyment (of the property in question by its

occupant), or witnesses.]
*49. After their father's death, these (sons) shall
succeed to his w^ealth in order. Whenever a
superior son is wanting, the one next to him in rank
is entitled to succession.
*50. On failure of a son, the daughter (succeeds),
because she continues the lineage just like (a son) ;

both a son and a dauohter continue the lineage of


their father.
*5i. On failure of daughters, the Sakulyas (are
to succeed) and (after them) the Bandhavas ; next,
a member of the same caste. In default of all, that
(w^ealth) goes to the king,

48. This text, which comes in very awkwardly between pars. 47


and 49, is apparently spurious, as has been pointed out long ago
by Professor Biihler. It is not given in the Nepalese MS.
50. Gimutavahana and other writers of the Bengal school restrict
the daughter's right of succession, as declared in this text, to those
daughters who are neither barren nor widowed. See Dayabhaga
IV, 2, 10. However, there is nothing in the words of the original
to warrant this restriction. Apastamba II, 6, 14, 4.
51, 52. ManuIX, 185-189; Ya^;zavalkya II, 135, 136; Vasish//za
XVII, 81-84; Vish;/u XVII, 4-14; Apastamba II, 6, 14, 2-5;
Gautama XXVIII, 21, 41, 42.
51. The term Sakulya is apparently used to denote the agnates,
and Bandhava to denote the cognates. Therefore the last term sa^ati
cannot be referred to blood-relationship at all, and must denote con-
nexion by membership of the same caste. It is true that the com-
mentators explain it as denoting descent from the same J^t'bhi.

See Colebrooke's Digest, V, 8, 448.


202 NARADA. XIII, 52.

*52. Unless it should be the property of a Brahman.


A king devoted to duty must allot a maintenance
to his women. Thus has the law of inheritance
been declared.

FOURTEENTH TITLE OF LAW.


Heinous Offences.

*i. Whatever act is performed by force (sahas)


by persons inflamed with (the pride of) strength,
is called Sahasa (a heinous offence) sahas (force) ;

means strength in this world.


* 2. Manslaughter, robbery, an indecent assault
on another man's and the two species of insult,
wife,

such are the four kinds of Heinous Offences.


* V It is aoain declared to be threefold in the

law-books, viz. (heinous offences) of the first, middle-


most, and highest degree. The definition of each

kind shall be given as follows.


* 4. Destroying, reviling, disfiguring or otherwise

52. 'His women,' i.e. the women of the deceased proprietor.


ViiTwanejvara, Nilaka«//^a, and other commentators declare that

the term stri, '


woman,' cannot denote the legitimate wives of a
deceased heir, and must therefore mean his concubines. This in-
terpretation has been called forth, no doubt, by the fact that, in the

opinion of these commentators, the inheritance of one sonless

belongs to the widow in the first instance, and does not go to

others, where a legitimate widow is in existence.

XIV, I. The term Sahasa, literally 'violence,' is used to denote


violent deeds or heinous offences of every sort. Manu VIII, 332 ;

Ya^fiavalkya II, 230.


2. This text is omitted in the Nepalese MS.
4. 'Destroying,' i.e. totally annihilating the fruits and other
objects mentioned in this text. ' Reviling,' i. e. abusing, using bad
XIV, 9- INHERITANCE ; HEINOUS OFFENCES. 203

(injuring) fruits, roots, water and the like, or agri-


cultural utensils, is declared to be Sahasa of the
first desfree.
* 5. (Injuring) in the same way clothes, cattle,
or household utensils, is declared to
food, drink,
be Sahasa of the middlemost decree.
* 6. Taking human life through poison, weapons
or other (means of destruction), indecent assault on
another man's wife, and whatever other (offences)
encompassing life (may be imagined), is called Sa-
hasa of the hio^hest decree.
* 7. The punishment to be inflicted for it must
be proportionate to the heaviness of the crime, (so
however as) not to be less than a hundred (Pa;^as)
for Sahasa of the first degree, whereas for Sahasa
of the middlemost degree the punishment is declared
by persons acquainted with the law to be no less
than five hundred (Pa;/as).
* 8. For Sahasa of the highest degree, a fine

amounting to no less than a thousand (Pa;^as) is


ordained. (Moreover) corporal punishment, con-
fiscation of the entire property, banishment from the
town and branding, as well as amputation of that
limb (with which the crime has been committed),
is declared to be the punishment for Sahasa of the
highest degree.
* 9. This gradation of punishments is ordained for
every (caste) indiscriminately, excepting only corporal
punishment in the case of a Brahman. A Brahman
must not be subjected to corporal punishment.

language. ' Disfiguring,' injuring so far only as to leave the form


intact. Viramitrodaya, p. 499.
85 9. The ambiguous term vadha in these two paragraphs is
204 NARADA. XIV, lO.

* lo. Shaving his head, banishing him from the


town, branding him on the forehead with a mark of
the crime of which he has been convicted, and
parading him on an ass, shall be his punishment.
* 1 1. Those who have committed Sahasa of either

of the two first degrees are allowed to mix in society,


after having been punished, but if a man has com-
mitted Sahasa of the highest degree, no one is
allowed to speak to him, even when he has received
punishment.
* 12.Theft is a special kind of it. The difference
between (Sahasa and theft) is as follows. Sahasa is
where the criminal act consists of a forcible attack,
theft is where it is done by fraud.
*I3. That (theft) is again declared to be three-
fold by the wise, according to the (value of the)
articles (purloined), whether articles of small, mid-
dling, or superior value have been stolen.
*I4. Earthenware, a seat, a couch, bone, wood,
leather, grass, and the like, legume, grain, and
prepared food, these are termed articles of small
value.
*i5. Clothes made of other material than silk,

cattle other than cows, and metals other than gold,


are (termed) articles of middling value, and so are rice
and barley.

explained as denoting corporal punishment, and not execution, by


the commentators.

9, lo. Gautama XII, 46, 47 ; Vish;ni V, 2-8 ; Ya^-wavalkya II,

270; IManu VIII, 124, 379-380.


12. 'A criminal act' (adhi/^), i.e. injuring another man's pro-
perty; 'through a forcible attack,' i.e. violently, is called theft

equivalent to Sahasa ; a criminal act done '


by fraud ' is called

ordinary theft. Viramitrodaya, p. 490. jManu VIII, 332.


13. Ya^wavalkya II, 275. 14. Manu VIII, 326-329.
XIV, 22. HEINOUS OFFENCES. 205

'"16. Gold, precious stones, silk, women, men,


cows, elephants, horses, and what belongs to a god,
a Brahman, or a king, these are regarded as articles
of superior value.
17. Taking away by any means whatsoever the
property of persons asleep, or disordered in their
intellect, or intoxicated, is declared to be theft by
the wise.
Where stolen goods are found with a man,
18.
he may be presumed to be the thief. (The pos-
session of) stolen goods may be inferred from a
luxurious mode of life. Suspicion arises where a man
is seen in bad company or indulges in extravagance.
*i9. Those who give food or shelter to thieves
seeking refuge with them, or who suffer them (to
escape) though able (to arrest them), partake of their
crime themselves.
* 20. Those who do not come to offer assistance,

when people are crying out (for help) within their


hearing, or when property is being taken away, are
likewise accomplices in the crime.
That series of punishments, which has been
* 21.

ordained by the wise for the three kinds of Sahasa,


is equally applicable to theft, according as It concerns
one of the three species of articles in their order.
22. When cows or other (animals) have been lost,

16. See the Indian law of prescription, where the property of


Brahmans and kings is declared to be exempt from the ordinary
rules regarding limitation. Manu VIII, 323.
18. Ya^navalkya 11, 266.
19. Those who give food or any other assistance to a thief, cr
who suffer a thief to escape though able to seize him, have to be
punished like thieves. Vivada/('intama?/i, p. 93. IManu IX, 278;
Ya^wavalkya 11, 276.
20. JNIanu IX, 275, This text is omitted in the Nepalese MS.
206 NARADA. XIV, 23.

or when (other) property has been taken away


forcibly, experienced men shall trace it from the
place where it has been taken.
23. Wherever the footmarks goto, w^hether it be

a village, ground
pasture or deserted spot (the
inhabitants or owners of) that place must make
good the loss, unless they can prove the footmarks
to go out of that place again.
24. When the footmarks are obscured or in-

terrupted, because (they lead to) broken ground or


to a spot much frequented by other people, the
nearest village or pasture ground shall be made
responsible.
25. Where two persons have gone the same road,
the offence, as a rule, shall be imputed to him who
stood charged with other crimes before, or who
associates with suspicious characters.
26. Ka.uda.\a.s, executioners, and other such per-
sons, as well as those who are in the habit of
roaming at night, shall institute a search (after the
thieves) in the villages ; those living outside (of
inhabited places) shall search (for them) outside.
27. When the thieves are not caught, the king
must make good (the loss) from his own treasury.
By showing himself remiss (towards criminals), he
would incur sin and would offend both against justice
and his own interest.

23. Ya^navalkya II, 271. 24. Yag'wavalkya II, 272.


26. Manu IX, 267.
XV, XVI, 4- HEINOUS offences; abuse. 207

FIFTEENTH AND SIXTEENTH TITLES


OF LAW.
Abuse and Assault.

* I. Abusive speeches, couched in offensive and


violent terms, regarding the native country, caste,
family, and so forth (of a man), are termed Abuse,
(a title of law.)
* 2. It is divided into three species, called re-
spectively NishMura, Ai-lila, and Tivra. The punish-
ment for each increases in severitv accordinof as the
insult is more (or less) serious nature.
of a
* 3. Abuse combined with reproaches has to be
regarded as Nish///ura ; abuse couched in insulting

language is A.dila ; charging one with an offence


causing expulsion from caste is called Tivra by the
learned.
* 4. Hurting the limbs of another person with a
hand, foot, weapon or otherwise, or defiling him

XV, XVI, I. Thus, e.g. when a man says, '


The Gau</as (Bengalis)
are quarrelsome,' he abuses another man's native country. When a
man says, ' Brahmans are very avaricious,' he abuses another man's
caste. When he says,' The Vijvamitras are a ferocious race,' he abuses
another man's family. The clause '
and so forth '
is added, in order
to include abusive speeches levelled against learned men, artizans,
or the like persons, whose learning or art has been abused. '
Violent
terms,' i.e. terms which ought never to be used. Mitakshara,
p. 285 Viramiirodaya, p. 482.
;

3. 'Abuse combined with reproaches' is when e.g. a man says,


'
What a fool,' or '
W^hat a rascal.' '
Abuse couched in insulting
language ' is when a man says, '
I will visit your sister,' or the like.
'
Charging one with a mortal sin causing expulsion from caste,'

such as e. g. the drinking of spirituous liquor. See loc. cit.


208 NARADA. XV, XVI tj.

with ashes or other (impure substances), is termed


Assault.
* 5. There are three species of that also, as it

may be either light, or of a middling sort, or heavy,


according as it consists in the raising (of a hand
or weapon for the purpose of striking a blow), or in
an unexpected attack, or in striking a wound.
* 6. Stealing articles of small, middling, or su-
perior value, is called the three kinds of Sahasa ;

there the thorny weeds (sinners) should be extirpated.


""
7. In both kinds (of insult) five cases are dis-
tinguished, when the respective innocence or guilt
of the two parties has to be established.
* 8, When
two parties have bjen guilty of insult,
and both have commenced to quarrel at the same
time, the)- shall suffer the same punishment, in case

that no difference (in their respective culpability)


becomes apparent.
* 9. He who is the first to offer an insult is

decidedly criminal ; he who returns the insult is

likewise culpable ; but the one who began shall


suffer the heavier punishment (of the two).

The above translation of this paragraph follows the reading of


6.

the MSS. If that reading be correct, this paragraph contains a rule


relating to the subject of theft or Sahasa. The quotations have a
different reading, under which this paragraph has to be closely
connected with the preceding one, and has to be referred equally to
the three degrees of assault.
7. The Nepalese IMS. and the commentaries insert the following
*
paragraph here : ' When an insult has occurred between two men
engaged in a violent quarrel, he who suffers the insult patiently is
struck, but the offender is punishable.'
8-10. The one who has first commenced a quarrel shall receive
the heavier punishment of the two. That man is liable to punishment
who persists in hostility. When it is impossible to ascertain any
XV, X\'I, 15. ABUSE AND ASSAULT. 209

*
10. When both parties are impHcated equallj^,
he of the two shall receive punishment who follows
up his attack, whether he was (originally) the
aggressor or the defendant.
*ii. If a ^'vapaka, Meda, A'a/^rt^ala, cripple, one
who gains his substance by killing (animals), an
elephant-driver, one deprived of his caste for non-
performance of the ceremony of initiation, a slave,
or one who treats a Guru or spiritual teacher with
disregard,
* Should offend a superior, he shall be punished
1 2.

by whipping him on the spot. Nor do the sages


regard bodily injury done to a man of this stamp
as (an offence equal to) theft.
*i3. Should any such low person, abhorred by
men, insult another man (his superior), that man
himself shall punish him. The king has nothing to
do with the penalty (to be inflicted on him).
* 14.For these people are the refuse of human
society,and their property is (likewise) impure. The
king also is at liberty to whip them, but he must not
amerce them with a fine.
15. A Kshatriya who reviles a Brahman must
difference in the culpability of the two parties, their punishment shall
be equal. Viramitrodaya, p. Read purvam.
472.
1 1 .
^vapaka, literally '
dog-cooking,' is the name of a particular
degraded tribe, whose only office is to act as public executioners.
Meda is the name of another mixed caste. Aawrt'alas are the
lowest caste of all, see XII, 113. The Nepalese MS. and the
commentaries read sha7Z(2%a, '
a eunuch,' instead of Meda.
12-14. When a 6'vapaka or the like should have insulted an
Arya or member of the three higher castes, honourable men shall
be entitled to punish them in person. When the (honourable men)
are unable to do so, the king shall punish them ; but he must not
confiscate their property. Viramitrodaya, p. 472.
15-17. Nearly identical with Manu VIII, 267-269.

[33] P
2IO NARADA. XV, XVI, i6.

pay one hundred (Pa7^as) as a fine. A Vai^ya (must


pay) one and a half hundred, or two hundred. A
^'udra deserves corporal punishment.
1 6. ABrahman shall be fined fifty {Pa;^as) for
calumniating a Kshatriya in the case of a Vai^ya,
;

the fine shall be half of fifty (i.e. twenty-five);


in the case of a ^'udra, (it shall amount to) twelve
(Pa/^as).

17. When a twice-born man offends against a

member of his own caste, (he shall pay) twelve


(Pa;^as as a fine). he utters calumnies which
When
ouo-ht never to be uttered, the fine shall be twice
as high.
18. Even he who in accordance with fact (con-
temptuously) calls another man one-eyed, lame, or
the like (names), shall be fined by the king not less
than one Karshapa;2a.
1 9. One must not tax with his ofience a man who
has done penance according to law, or who has re-
ceived due punishment from the king. By transgress-
in^i- this rule one becomes liable to punishment.

20. Two Brahman and a kmg, are de-


persons, a
clared to be exempt from censure and corporal
punishment in this world for these two sustain the
;

visible world.
*2i. One who an outcast an outcast, or a
calls

thief a thief, is equally criminal with those whom he


taxes (with their offence). (If he reproaches them)

without reason, he is twice as guilty as they are.

1 7. According to the commentators


of Manu, the term calumnies
'

which ought never to be uttered has to be referred to insinuations


'

against the honour of a man's mother, sisters, or other female


relatives. See Professor Buhler's note on ]Manu VIII, 269.
18. Manu VIII, 274; Ya^Ttavalkya II, 204.
XV, XVI, 29. ABUSE AND ASSAULT. 2 1 I

22. A once-born man (or 6'iidra), who insults


members of a twice-born caste with gross invectives,
shall have his tongue cut out for he is of low origin.
;

23. If he refers to their name or caste in terms indi-


cating contempt, an iron rod, ten Aiigulas long, shall
be thrust red-hot into his mouth.
24. If he is insolent enough to give lessons re-
garding their duty to Brahmans, the king shall order
hot oil to be poured into his mouth and ears.
*25, With whatever limb a man of low caste
offends against a Brahman, that very limb of his
shall be cut off; such shall be the atonement for
his crime.
26. A low-born man, who tries to place himself on
the same seat with his superior in caste, shall be
branded on his hip and banished, or (the king) shall
cause his backside to be oashed.
27. If through arrogance he spits (on a superior),
the king shall cause both his lips to be cut off he
; if

makes water (on him), the penis ; if he breaks wind


(against him), the buttocks.
28. If he pulls (a superior) by the hair, (the king)
shall unhesitatingly cause his hands to be cut off,

likewise (if he seizes him) by the feet, beard, neck,


or scrotum.
29. If a man breaks the skin (of his equal) or

22. ' He is of low origin,' because the 6'iadra caste has been pro-
duced from Brahman's feet. Identical with Manu VIII, 270.
23. Nearly identical with Manu VIII, 271.
24. Nearly identical with Manu VIII, 272.
25. Nearly identical with Manu VIII, 279.
26. 27. Nearly identical with IManu VIII, 281, 282. In para-
graph 27 the Nepalese IMS. has 'the nose' instead of 'the beard.'
28. Identical with Manu VIII, 283.
29. According to the majority of the commentators of Manu,
P 2
2

2 1 NARADA. XV, XVI, 30.

fetches blood (from him), he shall be fined a hun-


dred (Pa;/as); if he cuts the flesh, six Nishkas; if
he breaks a bone, he shall be banished.
*30. If a man censures a king devoted to the
discharge of his duties, he shall have his tongue cut
out or his entire property confiscated, as an atone-
ment for such crime.
'"'31. When an evil-minded man assails a wicked

king even, he shall be (fastened) on a stake and


burnt in fire (for he is) more criminal than one who
;

has committed a hundred times the crime of killing


a Brahman.
'"32. A
not liable to be punished for an
father is

offence committed by his son nor is the owner of ;

a horse, dog, or monkey (responsible for any damage


caused by one of these animals), unless he should
have set them to do it.

SEVENTEENTH TITLE OF LAW.


Games.
* I. Dishonest gambling with dice, small slices of

leather, little staves of ivory, or other (games), and


betting on birds, form (the subject of ) a title of law
called (Gambling with Dice and Betting on Animals).
* 2. The master of the gaming-house shall arrange

this rule has reference to an equal in caste. Nearly identical with


Manu VIII, 284.
XVII, I. The translation is according to the Viramitrodaya.
The on animals is treated at great length in the
subject of bets
Dhammathats of Burma, which are based on the law-codes of
India. '
Other games,' such as e. g. A^'aturahga (Shatra«^, the
Indian chess). '
Birds,' such as pigeons, also bets on professional
wrestlers, rams, &c. Viramitrodaya, p. 718. Manu IX, 223.
2. '
He shall pay the stakes which have been won,' i, e. to the
;

XVII, 8. ABUSE ; GAMBLING. 2 I


3

the game and pay the stakes which have been won
the profit of such a conductor of games shall amount
to ten per cent.
3. When the dice on being thrown fall twice in a
game at dice, those acquainted with (playing at) dice
allot the victory to the adversary and the defeat to
the orambler.
4. When a dispute has arisen among gamblers,
let (other) gamblers be appealed to ; they shall act
both as judges and as witnesses in a dispute of this
sort.

5. No gambler shall ever enter into another gam-


ing-house before having paid his debt he must not ;

disobey the master of the gaming-house, and must


pay of his own accord what he owes to him.
""6. Wicked men who play with false dice shall be

driven out of the gaming-house, after a wreath of


dice has been hung round their necks ; for that is

the punishment ordained for them.


7. If a man gambles with dice, without authoriza-
tion from the king, he shall not get his stake, and
shall have to pay a fine.
*8. Or let the gamblers pay to the king the share

winning party. Thiat portion which has to be paid to the king


(see paragraph 8) may also be held to be included in this mle, as
Br/haspati says Let the master of the gaming-house collect the
:
'

stakes and pay his due to the winning party and to the king.'
Apastamba II, 10, 25, 12, 13; Ya^wavalkya II, 199, 200.

3. The rendering of the first portion of this paragraph is con-


jectural. It might also be translated as follows: 'When the dice

on being thrown fall twice repeated,' i. e. when the number is twice


as high as at the preceding throw.
4. Ya^rzavalkya II, 202. 6. Yagna.va.\kya. II, 202.

7, 8. Ya^fiavalkya II, 201, 203. Paragraphs 7 and 8 are omitted


in the Nepalese MS.
2 14 NARADA. XVJII, r.

due to him and play in public, thus no wrong will be


committed.

EIGHTEENTH TITLE OF LAW.


Miscellaneous.

"'i. Under the head of Miscellaneous (Disputes)


are comprised lawsuits depending on the king, (such
as) transgression of the king's commandments and
obedience towards his injunctions,
* 2. Grants of towns, the division of the constituent
elements of a state, the duties and the reverse of
Veda, corporations (of mer-
heretics, followers of the
chants), and assemblages (of kinsmen).
*3. Disputes between father and son, neglect of
(prescribed) penances, abstraction of gifts (made to
worthy persons), the wrath of anchorites,
* 4. Sinful confusion of castes, the rules regarding
their means of subsistence, and (in short) whatever

XVIII, 1-4. The meagre contents of this title of law can hardly
be said to be in keeping with the somewhat pompous announce-
ment contained in paragraphs 1-4. On the whole, this title of
INIiscellanies, as defined by Narada and Bnhaspati, may be de-
scribed as treating of public law or the law of kings (ra^adharma),
private law being treated in the seventeen other titles of law.
1. 'Obedience towards his injunctions,' thus according to the
Mitakshara, p. 351. The Viramitrodaya refers the term tatkarma-
karawam to thosewho, from arrogance, do such acts as are per-
mitted to a king only, such as e. g. placing themselves on the
king's throne.
2. 'Grants of towns,' i.e. to Brahmans and others. Narada
seems to be referring to the so-called Agraharas. Regarding the
seven constituent parts of a state, see ]\Ianu VII, 157; IX, 294.
Naigama has been translated '
followers of the Veda,' because it

comes immediately after pashandi, 'heretics.' See, too, X, i. It

usually denotes citizens or traders.


XVITT, II. gambling; miscellaneous. 215

has been omitted in the preceding (titles of law), are


treated under the head of Miscellaneous.
5. The kingbe careful to protect all orders
shall
and the constituent elements of his state with the
four means indicated by science.
6. When any caste should remain (behind the rest)
or exceed the limits (assigned to it, the king), seeing
that it has strayed from its path, shall bring it back
to the path (of duty).
7. So also, when other wicked acts, opposed to
the dictates of the sacred law, have been committed,
the king, after having reflected (upon the matter) him-
punishment on those who deserve it.
self, shall inflict

8. What is opposed to revealed and traditional

law, or injurious to living beings, must not be prac-


tised by the king and when it is practised (by
;

others), he must check it.


*9. When an act contrary to justice has been un-
dertaken by a former king from folly, he must redress
that iniquitous enactment in accordance with the
principles of equity.
* 10. The weapons of soldiers, the tools of artizans,
the ornaments of public women, the various musical
or other instruments of professional (musicians, or
other artists, &c.),
* II. And any implements by which artificers gain

5. The four means


'
' of conciliation, division, bribery, and force.
ManuVIII, 41.
6. Ya^wavalkya I, 360. The Nepalese MS. offers a variation as
regards the arrangement of paragraphs 6-1 1.
7. Manu VII, 16; VIII, 126; Ya^wavalkya I, 367; Vasish//5a
XIX, 8; Vish;mIII, 37.
10. For 'the tools of artizans' the Nepalese IMS., in common
with the Mitakshara, has '
the beasts of burden and the like of
carriers of goods.'
2l6 NARADA. XVIIT, 12.

their substance, must not be


laid hold on by the king,
even when he confiscates the entire property (of a
man or woman).
12. It is not permitted to either advise or rebuke
a king or Brahman, on account of their dignity and
sanctity, unless they should swerve from the path
(of duty).
13.That wicked man who does not act up to the
laws proclaimed by the king, shall be fined and cor-
porally punished, as offending against the king's
commandments.
14. If the king were remiss in dictating punish-
ments to (members of) any caste, when they have
left the path (of duty), the created beings of this
world would perish.
1 5. Brahmans would leave the sacerdotal caste, and
Kshatriyas would forsake the Kshatriya caste. The
stronger would eat up the weaker, like fish on a spit.

16. The Vai^yas would abandon their work, and


the ^Sudras eclipse all (the rest), if the kings did not
visit their subjects with punishment (when they have
committed an offence).

1 7. To show favour to the virtuous at all times


and to oppress the wicked, that is declared to be the
duty of kings ;
gain (results to them) from the op-
pression of their foes.
18. As fire is not polluted even though it always
burns the creatures of this w^orld, even so a king is
not polluted by inflicting punishment on those who
deserve it.

19. Intelligence is the glory of rulers ; it becomes

14, 15. Manu VII, 20. 16. Manu VII, 21, 24.
19. For 'intelligence' the Nepalese IMS. has 'a royal edict.'
XVITI, 26. MISCELLANEOUS. 2 1
7

manifest in their speeches whatever sentence they


;

may pass, whether unjust or just, settles the law


between litigant parties.
20. (Law) personified as a king, roams on earth
visibly, with a thousand eyes. Mortals cannot live
at all ifthey transgress his commandments.
21. Whatever a king does is right, that is a settled
rule ; because the protection of the world is entrusted
to him, and on account of his majesty and benignity
towards living creatures.
22. As a husband though feeble must be con-
stantly worshipped by his wives, in the same way
a ruler though worthless must be (constantl}) wor-
shipped by his subjects.
23. In order that mortals, fearing the orders
issued by kings, might not swerve from the path of
duty, therefore royal orders are declared to arise
from lawsuits.
24. It is for the establishment of order that
various laws (/-aritra) have been proclaimed by
kings. A royal order is declared to overrule such
laws even.
25. A ruler has purchased his subjects through
(the practice of) austerities ; therefore the king is

their lord. For that reason, his bidding must be


obeyed ; their livelihood even depends on the
king.
26. Kings, endowed with immense power, appear
(variously) in the five different forms of Agni, Indra,
Soma, Yama, and the God of Riches.

24. A'aritra seems to mean 'law' or 'custom' in this place.


Regarding the comparative authority of y('aritra and ra^ajasana,
'a royal order,' see p. 7, note. The Nepalese IMS. omits 23, 24.
26. Read rupa«i in the text.
2l8 NARADA. XVIIT, 27.

27. When a ruler is, either justly or without (suf-


ficient) reason, ardent in wrath and burns (or tor-
ments) his subjects, he is called Agni (the god of
fire).

28. When, relying on his regal power, the l<:ing

attacks his foes, desirous of victory and upraising a


weapon, he termed Indra.
is

29. When,
free from ardent wrath, he appears
before his subjects with a cheerful countenance, he
is denoted Soma (the Moon).

30. When the king having seated himself, full of


majesty, on the throne of judgment, deals out punish-
ment, equitable towards all creatures, he is called
Yaivasvata (or Yama).
31. When a ruler gladdens with gifts petitioners,
persons commanding respect, wise men, servants
and others, he is called the God of Riches.
32. Therefore one must not treat him with con-
tempt, and, particularly, not scold at him, and pay
obedience to his bidding to disobey him would
;

bring on (instantaneous) death.


2^2i' His duties are, the protection of his subjects,
honouring the aged and wise, the trial of lawsuits,
and to make (each caste) abide by the duties as-
signed to it.

34. Let a king be constantly intent on showing


honour to the Brahmans. A field furnished with
Brahmans is the root of the prosperity of the world.
35. A Brahman may command respect, and a

27. iNIanu IX, 310. 28. Manu IX, 304.


29. Manu IX, 309. 30. INIanu IX, 307.

33. Manu VII, 35, 38 ; YIII, 3, &c.


34. Manu VII, 82, 83; Ya^g'/zavalkya I, 314.
35. Manu VII, 37.
9

XVIII, 38. MISCELLANEOUS. 2 1

distinguished seat at the king's court. The king-

shall show his face in the morning before the Brah-


mans first of all, and shall salute them all.

36. When nine or seven persons (of different


rank) meet, they shall first make room for the
Brahman to pass by. (Further privileges assigned
Brahman caste
to the are) free access to the houses
of other people, for the purpose of begging alms,
^J. The right to collect fuel, flowers, water, and
the like, without its being regarded as theft, and to
converse with other men's wives, without being
restrained (in such intercourse) by others,
2)^. And the right to cross rivers without paying
any fare, and to be conveyed (to the other bank)
before other people. When engaged in trading
and using a ferry-boat, they shall have to pay
no toll.

36. That privilege of the Brahman caste, which is referred to in


the first part of this paragraph, finds its explanation in a well-
known rule of the Dharma^-astra regarding persons for whom way
must be made, on meeting them in a road. Thus it is ruled by
Gautama (VI, 24) that way must be made for a man seated in a
carriage, for one who is in his tenth (decade), for one requiring
consideration, for a woman, for a Snataka, and for a king but ;

that a king himself must make way for a -Srotriya (learned Brahman).
This makes in all seven persons for whom way should be made.
Manu (II, 138), \%/7avalkya (I, 117), Baudhayana (II, 6, 30),
and Vish;;u (LXIIL enumerating eight persons oj this
51) agree in
sort. Vasish///a (XIV, 57-60) mentions nine. See, too, Apas-
tamba II, 5, 11, 5-7.
37. Manu
VIII, 339; Apastamba I, 10, 28, 3; Gautama XII,
28; Ya^;7avalkya II, 166.
38. Manu VIII, 407; Vish;/u V, 132. The last clause is thus
given in the Nepalese MS.: 'They shall have to pay no toll on
being carried across a river in a ferry, unless (they should cross it)
for trading purposes.'
;

2 20 NARADA. XVIII, 39.

39. A Brahman engaged in travelling, who is

tired and has nothing to eat, commits no wrong by


taking; himself two canes of su^rar or two esculent
roots.
40. (No must be accepted) from one accused
gift

of a crime, an outcast, an enemy, an atheist, one in


distress, without necessity, or after inflicting pain on
the giver.
41. (Gifts shall be
from industrious
accepted)
people on account of their wealth, and from generous
people because it is proper to accept gifts from such;
to accept gifts from kings is laudable (they may ;

be accepted) from all people excepting Brahmans.


42. Between a Brahman and a king, who are both
devoted to their duty, there is no difference of any
sort, when they protect mankind (acting) in accord-
ance with the sacred law.
43. If a ruler, though severe, is mindful of his
duty, correct in his conduct, and (quick to) punish
the wicked, in order to protect (the virtuous), his
wealth is declared to be pure.
44. When a man accepts a gift from a covetous
king, who transgresses the precepts of the sacred
books, he shall have to pass through the well-known
twenty-one hells in succession.

45. As
pure and impure waters become alike on
their junction in the ocean, even so (all) property
acquired by a king (becomes pure in his hands).

39. Gautama XII, 49, 50 ; Manu VIII, 341. Or 'five esculent

roots,' according to the Nepalese MS.


40. Manu II, 185.
44.For a list of the twenty-one hells, see Manu IV, 88-90
Vish;m XLIII, 1-22. The Nepalese MS. omits this paragraph.
45. A different opinion has been enounced above, XV, 14.
;

XVIII, 54- MISCELLANEOUS. 221

46. As gold, on being thrown into blazing fire,


acquires purity, even so all gains become pure in
the hands of kings.
47. When
any man gives any property of his to
Brahmans, the king must give his consent to it
this is an eternal law.

48. Both the other customary receipts of a king


and what is called the sixth of the produce of the
soil, form the royal revenue, the reward (of a king)

for the protection of his subjects.


Whatever has been bestowed on others than
49.
Brahmans may be resumed; but that which has been
given to Brahmans can never be taken back again.
50. To give, to read, and to sacrifice (on his own
account) are the three duties of a Brahman. To
sacrifice for others, to teach, and, thirdly, to collect
alms are his (three) means of subsistence.
51. Let a Brahman be devoted to his duty and
take a livelihood from the king, and let him not
accept gifts from persons of vile origin, if he is
anxious to observe the law.
52. How should a king be inferior to a deity,
as through his word that an offender may
it is

become innocent, and an innocent man an offender


in due course ?

53. Those who being acquainted with the divine


nature of a king, endowed with majestic dignity as
he is, accept gifts from him, do not in the least
disgrace themselves (by doing so).

54. In this world, there are eight sacred objects :

48. Manu VII, 130-132; Gautama X, 24-27; VasishMa XIX,


26, 27 ; Apastamba II, 10, 26, 9 Vish;m III, 22-25 Baudhayana
; ;

I, 10, 18, I.

50. Manu I, 88, &c.


222 NARADA. XVTII, 55.

a Brahman, a cow, fire, gold, clarified butter, the


and a king as the eighth.
sun, the waters,
55. These one must always look up to, worship
and honour them personally, and turn the right side
towards them, in order that one's existence may
be prolonged.
APPENDIX.
Theft ^

I. Two kinds of robbers who steal the eoods


of others have to be distinguished, the one kind
open, and the other kind concealed. Let a prudent
king try to find them out.
*2. Open rogues are those who forge measures
and weights, receivers of bribes, robbers, gamblers,
public prostitutes,
*3. Those who walk in disguise, those who live by
teaching the performance of auspicious ceremonies,
these and such like persons are considered open
rogues.
*4. Rogues acting in secret are those who roam
in the wood, or lie concealed, as well as those who
make They attack and rob
a profession of stealing.
(those who do not beware of them).
5. Those who infest a country, a village, or a
house, or disturb a sacrificial act, cut-purses, and

^ This section is found in the Nepalese MS. only. See Intro-


duction. The reading of several passages is uncertain, and this

circumstance, taken together with the want of a Commentary, ren-


ders my translation less reliable than could be desired.
Appendix. Theft. 1-4. Manu IX, 256-260. The technical
terms have been translated in accordance with the glosses of
Manu's commentators, as given in the notes to Professor Biihler's
translation. In par. 4, mushyaw seems to stand for mush/ya;;/.
:

2 24 NARADA.

Other persons of this sort have to be considered


as concealed rogues also.
*6. Blameless persons with whom the stolen goods
are not found must not be chastised as robbers by
the king ; but lethim quickly punish those robbers
as guilty of theft with whom the stolen goods have
been found.
*7. Those (rogues) who ravage in their own
country, and those who disturb sacrificial acts, he
shall strip of their entire wealth and rebuke them
severely.
Those on whom the stolen goods have not
*8.
been seized he must examine, when they have been
arrested from suspicion. Their fear having been
excited, they will give evidence, through anxiety, in
accordance with the facts of the case.
*9. Questions shall be proposed to them anti-
thetically with regard to place, time, region, their
caste, their name, their dwelling, and their occupa-
tion, in case they happen to be workmen.
'"lo. When the face changes colour or the voice
falters, when they do
or the features look suspicious,
not give evidence in public, when they make impos-
sible statements as to place and time, when there
exists a doubt as to their place of residence,
*ii. When
they indulge in expense for bad pur-
poses, when they have been previously convicted
of larceny, when they keep bad company, or when
documents speak against them, (by all such circum-

9. ' Antithetically ' (vinigrahe), or '


when they have been arrested.'
10, II. A somewhat analogous description of the signs by which
a false witness may be found out, has been given previously
I, 193-196.
THEFT. 225

Stances) they may be discovered (to be thieves), not


by the possession of the stolen goods alone.
""12. When a ruffian or robber becomes suspected,
and (the judge) has found out circumstantial evidence
(which speaks against him), he shall be caused to
make an oath.
*i3. Those who give food to thieves, as well as
those who supply them with fire or water, or who
give shelter, or show the way to them, or make their
defence,
*i4. Or who buy their goods, or receive (their
goods), are held to be equally punishable as they,
and so are those who conceal them.
15. Those who in a principality are the governors
of that principality, and the neighbours called in
(to watch over the safety of life and property) are
(reckoned as) equal to thieves, when they stand
neutral during the attack (of robbers).
*i6. He
on whose ground a robbery has been
committed, must trace the thieves to the best of his
power, or else he must make good what has been
stolen, unless the footmarks can be traced from that
ground (into another man's ground).
'"17. When the footmarks, after leaving that
ground, are lost and cannot be traced any further, the
neighbours, inspectors of the road, and governors of
that region shall be made responsible for the loss.

12. The term le^a has been rendered by circumstantial evidence,'


'

because it seems to be synonymous with yuktile^a, I, 236.


13, 14. Manu IX, 271, 278.
15. Nearly identical with Manu IX, 272.
16. The term go/^ara, translated 'ground,' may denote the
landed property or pasture ground of a whole village. See above,
XIV, 22, 23.
17. See XIV, 24.

[33] Q
A
226 NARADA. 18.

18. When a house has been plundered, the king


shall cause the thief-catchers, the guards, and the in-
habitants of that kingdom to make good the loss,
when the thief is not caught.
19. Or, if he is a wicked man and there exists a
doubt as to (whether) the robbery (was actually com-
mitted or not), the person (alleged to have been)
robbed shall be caused to make an oath regarding
the robbery, to clear himself (from suspicion).
20. When another person than the thief has been
accused of robbery and has been declared thief, be-
cause he is unable to prove his innocence, he shall
be paid twice as much (as has been stolen), after the
(real) thief has been detected.
21. When a man has obtained property stolen by

a thief, he must restore it in its pristine shape if it be ;

no longer in existence, he must make good its value,


and must be made to pay a fine to the same amount.
*2 2. For stealing wood, cane, grass and the like,
(utensils) made of clay, bamboo, utensils made of
bamboo, rattan, bone, leather,
'4 3. Vegetables, green roots, grass or flowers,
cow-milk, molasses, salt, or oil,

*24. Cooked food (and other) prepared food,

spirituous liquor, flesh, and every sort of objects of


small value —
(for stealing any of these) a fine five

times the value (of the article stolen should be paid).


*2 5. (For stealing) any articles sold by weight or
measure or tale, the fine shall be eight times their

amount, in case they are very valuable.

19. The senseless reading of the MS., dapyaka tesham,has been


conjecturally altered into doshakartaisha.
22-24. ManuVIII, 326-329. 25. Manu VIII, 321.
31, THEFT. 227

26. Corporal punishment (or death) shall be in-

on him who steals more than ten Kumbhas of


flicted
grain where the amount is less, he shall be made
;

to pay eleven times as much. Thus Manu has


declared.
*2 7. (For stealing) more than a hundred (Palas'
worth) of gold, silver, or other (precious metals), or
the finest clothes, or very precious gems, corporal
punishment (or death shall be inflicted).

28. He who steals a man shall have to pay the


highest fine ; he who steals a woman (shall be

stripped) of his entire wealth ; and he who steals a


maiden (shall suffer) corporal punishment,
*29. On him who forcibly seizes large domestic
animals, the highest fine shall be inflicted the ;

middlemost amercement on him who takes cattle of


middle size and the smallest fine on him who steals
;

small cattle.
30. The first (or lowest) fine to be inflicted on a
guilty person shall amount to neither more nor less

than twenty-four (Pawas). The middlemost fine shall

consist of not more than four hundred, and not less

than two hundred (Pa;^as).

31. The highest fine should be known to consist


of not more than a thousand, and not less than five
hundred (Pa;^as). This is the threefold gradation of
punishment, which has been proposed by the Self-
Existent for robberies.

26. Manu VIII, 320. 27,28. Manu VIII, 321, 323.


29. Manu VIII, 325.
30, 31. The reading of these two paragraphs is quite uncertain.

The rules laid down here apparently differ considerably from the
analogous rules of Manu (VIII, 158) and other legislators.

Q 2
2 28 NARADA. 32-

^^"32. (When the offence has been committed) for


the first time, cut-purses shall have their (little) finger
and thumb cut off. (When it has been committed)
for the second time, the first fine shall be levied on
them.
*T,T,. For (stealing) cows belonging to a Brahman,
for piercing (the nostrils of) a barren cow, and for
stealing a female slave, (the thief) shall in every
case lose half his feet.
34. With whatever limb a thief acts among men,
that very (limb) shall be taken from him, this is a law
enacted by Manu,
35. Let him inflict a specially heavy punishment
on a specially criminal thief, or (a lighter one) on one
whose offence is less heavy. But let him not (punish
an habitual thief) in the same way as for the first
offence.
36. Manu, the son of the Self-Existent, has declared
ten places of punishment, which should be (selected)
in (punishing members of the) three (lower) castes ;

a Brahman should remain uninjured always.


(Those places are) the privy parts, the belly,
2,7.

the tongue, the two hands, and, fifthly, the two feet ;

as well as the eye, the nose, the two ears, the pro-
perty, and the body.

32. INIanu IX, 277.


33. The parallel passage of INIanu (¥111,325) shows that sthu-
rayaj k/ied3.na.?n is the correct reading. For the three different
explanations of this term, which have been proposed by the com-
mentators of IManu, see the note to Professor Biihler's translation.
The translation follows the interpretation proposed by Kulluka,
Govindara^a, and Raghavananda, which appears to be preferable
to the others.

34. Nearly identical with IManu VIII, 334.


36, 37. Nearly identical with Manu VIII, 124, 125.
44- PUNISHMENTS. 2 29

38. After carefully considering the (nature of


the) offence, the place and time, and after examining
the ability (of the offender), and the motive (by which
he was actuated), he shall inflict these punishments,
39. Neither for the purpose of gaining a friend (in
him), nor for the acquisition of large wealth, must a
wicked criminal be suffered to go free by the king.
Thus Manu has declared.
40. By pardoning an offender, a king commits
the same offence as by punishing an innocent man.
Religious merit accrues to him from punishing (the
wicked).
41. Let him not on any account kill a Brahman,
though convicted of all possible crimes. He may at

pleasure cause him to be banished, thus has the


law been settled.

42. Let the king take from him


his entire wealth
or leave him a fourth part of it (only he must not
take his life), remembering the law promulgated by
the Creator. This is just.
43. For four offences of a Brahman, branding him
is ordained (as punishment) for violating the bed of
:

a Guru, for drinking spirituous liquor, for theft, and


for hurting another Brahman.
*44. For violating the bed of a Guru, (the brand
of) a female part should be made for drinking ;

38. Manu VIII, 126. 39- Manu VIII, 347.

40. Nearly identical with Manu IX, 249.


41. Manu VIII, 380.
42. The third Pada of this paragraph has been conjecturally
altered, as it cannot be made out in the MS.
43. Manu IX, 236.
44. 45. Manu IX, 237. The last Pada in paragraph 44 cannot
be made out in the MS,
2 30 NARADA. 45.

spirituous liquor, (the brand of) a liquor sign is

ordained ; for theft, he shall make (the brand of) a


dog's foot (on his forehead).
45. The slayer of a Brahman shall have (the
brand of) a headless man stamped on his forehead,
and it is forbidden to speak to him. This is a law
enacted by Manu.
46. A thief must approach the king with flying
hair, running, and proclaiming his theft (with the
words) Thus have I acted. Chastise me.'
:
'

47. By so doing he is cleared from guilt, because


he has confessed his deed ; the king, thereupon,
shall touch him (with a club), or dismiss him, if he
is innocent.
48. Those men who have received a punishment
from the king for an offence committed by them,
proceed to heaven, free from sin, as (if they were)
virtuous men who had acted well.
49. Whether he be punished or released, the thief
is freed from his crime if, however, the king does
;

not punish him, the crime committed by the thief


falls on (the king) himself
50. Self-possessed men are corrected by their
Guru wicked men are corrected (or punished) by
;

the king but those who have sinned in secret are


;

corrected by Yama, the son of Vivasvat.


51. The crime of a .Sudra in theft is eightfold
(that of a man of the lowest caste) ; of a Vaii^ya,
sixteenfold ; and of a Kshatriya, thirty-twofold.

46. Nearly identical with Manu VIII, 314.


48. Identical with ManuVIII, 318.
49. Nearly identical with Manu VIII, 316.
51. Nearly identical with ManuVIII, 337.
1'

57. PUNISHMENTS. 23

52. Of a Brahman, sixty-fourfold; thus the son


of the Self-Existent has declared. Knowledge
makes a difference also. For knowing persons, (the
punishment) is specially severe.
*53. Punishment pronounced to be twofold: is

corporal punishment and fines. Corporal punish-


ment is again declared to be of ten sorts fines are ;

(also) of more than one kind.


'"'54. Fines begin with a Kaka^n, and the highest

amount of a fine is one's entire property. Corporal


punishment begins with confinement and ends with
capital punishment.
*55. '
Fines beginning with a Kakam ' are declared
to amount no less than one Masha. Those are
to
called amounting to no less than a Masha
'
fines
which amount to one Karshapa;^a at most.
*56. Fines beginning with no less than a Karsha-
'

pa/^a are those amounting to no less than four


'

Karshapa;2as or which begin with two, and end


;

with eight (Karshapa;^as) or which begin with three, ;

and end with twelve (Karshapa;/as).


* 57. A Karshapa^a is a silver coin in the southern

country in the east, it is an equivalent for (a certain


;

number of) Pa?ms, and is equal to twenty Pa;^as.

52. Manu VIII, 338.


53. Manu VIII, 129. See too, above, paragraphs 36, 37,
54. Kakawi or Kakiwi isthe name of a small coin. See par. 58.
53-56. This passage is quoted in the SmrztiX'andrika, with
several different readings. One of them, in par. 55, deserves
special notice. For mashavara-^ smata^ (read smrzta,^), the Smr/ti/^.

reads mashapara>^ smr/ta^, 'are declared to amount to no more


than one Masha.' This is probably the correct reading.
57. According to Manu (VIII, 136), the Karshapa;/a is a copper
coin. The reading of the second half of this paragraph is quite

uncertain.
232 NARADA. 58.

* 58. A Masha should be known to be the twentieth


part of a Karshapa;^a. A KkksLui is the fourth part
of a Masha or Pala.

59. By that appellation which is in general use in


the region of the Punjaub, the value of a Karshapa;za
is not circumscribed here.
*6o. A Karshapa;^a has to be taken as equal to
an Andika. ; four of these are a Dhanaka ; twelve of
the latter are a Suvar;/a, which is called Dinara
otherwise,
61. Let the king practise the duties of his office,

and (follow) the rule of inflicting punishment, faithful


to the tenets (of the sacred law). Let him destroy
accordingly, as governor, the evil-doers, after having
traced them by the application of cunning stratagems
and arrested them.

59. The term iha, '


here," may be either referred to the place of
residence of the author of the Narada-sm/'/ii, or it may mean '
in
this work.'

60. An A«/ika is elsewhere reckoned at four Yavas. In the


Viramitrodaya and other works, this text is attributed to Br/haspati.
The coin called Dinara is the Roman denarius.
QUOTATIONS FROM NARADA.

I. Judicial Procedure.

I, 2. He is called a (Pra^fvivaka or) chief judge


who — fully acquainted with the eighteen titles (of
law) and with the eight thousand subdivisions
thereof, skilled in logic and other branches of
science, and thoroughly versed in revealed and
traditional lore — investigates the law relative to the
case in hand by putting questions (pra/)and passing
a decision (vive/{'ayati) according to what was heard
or understood by him.
3. Let not a king actuated by arrogance or avarice
promote litigation among persons not engaged in a
controversy.
4. The king shall examine judicial quarrels between
two litigant parties in a proper way, acting on prin-
ciples of equity and discarding both love and hatred.
5. (In disputes) among merchants, artizans, or the
like persons, and in (disputes concerning) persons
subsisting by agriculture or as dyers, it is impossible
for outsiders to pass a sentence and the passing of ;

I, 1,2. SmnWk. ash/adarapadabhi^ilas tadbhedash/asahasravit I

anvikshikyadikiuala/i ^rutismr/tiparayawa,^ ii vivadasa;«jrita;;z dhar-

ma/?z pn'kMa.ti pra/ srut'djn matam I vive/^ayati yas tasmat pra^vivakas


tu sa smn'tak II

3. Viram. p. 48.
4. Vy. K. raga. dharmasahayas tu dvayor vivadamanayo/z sam-

yak karya;?y aveksheta ragadveshavivar^ita/i U


5. Vy. A'. ; May. p. 6 ('Vyasa').
2 34 QUOTATIONS FROM NARADA. 1,6.

the sentence must, therefore, be entrusted to per-


sons acquainted with such matters (in a cause of this
sort).

6. A lawsuit cannot be instituted mutually between


a teacher and his pupil, or between father and son,
or man and wife, or master and servant.
7. A plaint is declared (inadmissible) likewise by
the learned in law, when it has been raised by one
against many, or by women, or by menials.
8. He shall be admitted as plaintiff whose griev-
ance is the greater, or whose affair is the more
important of the two, and not he who was the first

to oro to law.
9. Half of the (ordinary) punishment is declared
for him who either confesses his deed, after having
committed an illicit act of violence, or says of his
own accord, '
It is true.'

10. When (an assessor of the court) has recognised


the royal mind to swerve from the path of duty, he
must not pronounce an opinion which is agreeable
to the king. (It is only by declaring what is just

that) he becomes free from sin.


11. Transgression of (the king's) commands, kill-

ing a female, mixture of castes, illicit intercourse


with another man's wife, robbery, pregnancy caused
by another man than the husband,

6. Vy. ^. ; Viram. p. 46 (' Br/haspati ').

7. Vy. ^. ; Viram. p. 47. 8. Viram. p. 60.

9. SmnWi. ayuktaw sahasaw; krz'tva pratyapatti;;/ vra^et tu ya^ 1

bruyat svaya?« va sad iti tasya ^arthadama-^ sm?'i\a.h II

10. Viram. p. 15. 'He must


not pronounce an opinion which
is agreeable to the king,' he must not endeavour to please him
i. e.

by what he declares, but must deliver an equitable opinion. By


acting thus, he becomes free from sin. Viram.
11. 12. Viram. p. 50.
'

II, I. THE TLAINT. 235

12. Abuse, insulting language, assault, and pro-


curing abortion, are the ten (principal) crimes.
13. He who arrests (his adversary) by illegal

means, such as by stopping his speech (through


gagging the mouth), or by preventing him from
breathing, and the like practices, is liable to punish-

ment ;
but one who breaks (such arrest) Is not
(punishable).
14. When a lawsuit has been judged without any
previous examination of witnesses (or other evi-
dence), or when it has been decided in an improper
manner, or when it has been judged by unauthorized
persons, the trial has to be renewed.
15. Whatever property, whether movable or im-
movable, has been kept (under the care of the judge,
afterhaving become the subject of a dispute), must
be handed over afterwards to the victorious party
together with the interest (accruing on it) and with
a document (attesting his victory).

II. The Plaint.

I. The defects of a plaint have been declared as


follows. (It is defective, if it) relates to the pro-
perty of a stranger ; if it is without an object ; if it

does not state any quantity ;


if the mode of acquisi-
tion is not referred to in it ; if too little or too much
is written in It ; and if it is unmeaning.

May. p. 2. See above, pp. 12-19. This text shows very


13.
clearly what is meant by the technical term arrest (asedha). '
'

14. Vy. K. asakshika;;/ tu yad dr?sh/a;« vimarge/za kz. tiritam i

asawzmatamatair dr/sh/aw punardarjanam arhati \\


15. Smr/ti-^. madhye yat sthapita?;? dravyawz /^alaw va yadi va
sthiram I pa^-^'at tat sodaya?// dapyaw ^ayine pattrasa^^yutam 11

II, 1-8. Viram. pp. 65, 66.


'

236 QUOTATIONS FROM NARADA. 11,2.

2. That plaint is declared by the wise to 'relate


to the property of a stranger ' inwhich joint pro-
perty is referred to in a claim raised by one man
alone M'ho has no right to it, or without authorization
from the other joint proprietors.
3. A plaint is said to be 'without an object' when
a man, actuated by hatred or anger, taxes another
with the murder of a Brahman (or some other deadly
sin)and revokes his own charge afterwards on being
required to prove it.
4. That plaint does not state any quantity in
'
'

which no figure is given with regard to a certain


quantity, writing, measure, field, house, or other
(object).

5. That plaint '


contains no reference to the mode
of acquisition ' which does not say whether {the
property in dispute) has been acquired by learning,
or gained as profit (or interest), or purchased, or
obtained by inheritance.
6. '
Too little ' is said to be written in that plaint
in which the }'ear, month, fortnight, lunar day, and
day of the week is not referred to.
7. Too much may be said to be written in that
'
'

plaint in which (the plaintiff) after having caused the


plaint to be written goes on to mention the witnesses
at once, without waiting for the answer (of the de-
fendant) to be delivered.
8. That plaint is declared to be unmeaning '

2. That plaint is meant in which a stranger or one not authorized


by his partners claims the property of a fellowship. Viram.
3. That plaint is said to be without an object which is dropped
afterwards by the claimant himself Viram.
7. 'Witnesses,' or evidence generally. Viram.
<S. There is another reading, ubhayaw purvaw, under which the
11,12. THE PLAINT. 237

which is rendered unclear by the mode of writing-


(exhibited in it), though the claimant's previous
statements be (duly) entered in it.

Let him avoid, as a mere semblance of a de-


9.

claration, (a plaint the tenour of) which is unnatural,


not connected with an injury, senseless, purposeless,
incapable of being proved, or at variance (with possi-
bility, or with justice).
10. That suit which is prohibited by the king, or
opposed to the interests of the citizens, or of the
whole kingdom, or of the constituent elements of
the state,
11. As well as (those suits) which are opposed to
the interests of a town or village, or of eminent
persons : all such suits are declared to be inadmis-
sible.

12. A plaint in which several different subjects


are mixed up together can have no effect.

claimant is stated to have proffered both the accusation and the


answer. Viram.
9. Vy. A'.; M.lMacn. I, 4, 10 (uncertain). 'Unnatural,' such as
e.g. That person has taken my rabbit's horn and refuses to restore
it. Not connected with an injury,' as, That man is doing his
'

business in his own house by the light of a lamp which is burning


in mine. 'Senseless' (a number of syllables strung together), with-
out any intelligible meaning, as, e.g. kaX-a/apam or ^a<^/adagavam.
*
Purposeless,' as, This man, Dedavatta, is warbling a melodious
song before my house. '
Incapable of being proved,' as, Devadatta
mocks me by a frown. Such an assertion as this is incapable of
being proved, because it does not admit of proof. Owing to the
transient nature of the act, witnesses are not available, much less
can documentary evidence be resorted to ; nor would it be proper
to perform an ordeal, on account of the trifling nature of the charge.
'At variance' (with possibiHty), as, A dumb man has cursed me.
Or, '
at variance ' M.
with the interests of a town or kingdom.
10, II. M. Macn. I, 4, 11 and May. p. 10 (uncertain).
Vy. A'.;

12. V. T.; M. Macn. I, 4, 12, &c. (uncertain). Each subject shall


238 QUOTATIONS FROM NARADA. IT, 13.

13. That plaint is declared to be inadmissible in


which the order (of the words) is inverted, or the
arrangement confused, or scattered what belongs
together, or which is meaningless, or relative to
bygone times, or unapproved.
14. The order {of the words) is said to be inverted
in that plaint the meaning of which is rendered un-
clear by the omission (of certain words) in their

proper place, and which is not accepted (in conse-


quence).
15. When the original claim is forsaken and re-
placed by a different proposition, the plaint is de-
clared to be meaningless, and the previous claim is
not carried.
16. When a claim is raised in regard to certain
property long after the expiration of the proper
time, the plaint is said to relate to bygone times,
though evidence be forthcoming.
17. That suit in which the claim relates to one
thing, and the judicial investigation to another, is
declared to be unapproved, because the trial is in-
consistent.
18. When the plaintiff in his written claim con-

be examined in its turn, not all subjects at the same time. A plaint
referring to many distinct articles or to several different accusations
is not faulty under this rule. M.
13-20. Yiram. pp. 67, 68.
13, 14. 'The order is inverted,' i.e. several syllables are inverted

in position in the written charge. Viram., Smn'tiL


13. 'The arrangement is confused,' when the natural order of
the sentence is interrupted and the sense vitiated in consequence.
Viram., Smn'tik.
13. 'Scattered what belongs together,' i.e. the several parts of a
proposition are not put together. Ibid.

17. '
Because the trial is inconsistent/ because the different parts
of the suit do not agree. Smrz'ti/^.
.

111,3. THE ANSWER. 239

founds the charge with the evidence, such a claim


also cannot take effect, because the proper order of
propositions is violated in it
19. That plaint should be utterly rejected in which
two claims are entered at once, one reasonable, and
the other unreasonable.
20. Should a man make mutually conflicting state-
ments in a plaint, his claim cannot succeed because
of its being vitiated by inconsistent assertions.
21. When a man though capable (of proving his
claim) omits to prove it for twenty or ten years, after
the plaint has been lodged by him, his declaration
becomes futile (in consequence).
22. (The plaintiff) may amend the plaint while
the answer has not been delivered. When the plaint
has been answered, the corrections must cease.

III. The Answer.


1. When a plaint of this description has been
tendered by the plaintiff, the defendant shall deliver
an answer corresponding to such plaint.
2. That is called a (true) answer by those ac-

quainted with the subject, which meets the plaint,


and is concise, clear, consistent, and easily intelligible
without an explanation.
3. If a man's courage fails him when he is about
to make a statement in a lawsuit, a delay must be

2 1 Smrz'ti/^. upeksha yatra sadhyasya v'imsa.tim da^a va sama// I

jaktenapi kn'te vade tasya paksho mn'sha bhavet 11

22. Viram. p. 20.


Ill, I. Smr/tU*. ; Raghunandana, pp. 12, 16 (' B^vTiaspati ').

2. M. Macn. I, 5, 3 (uncertain) ; V. T., &c.


3. Smritik. matir notsahate yasya vivade vaktum [Wia.i3./i I

datavya eva kala>^ syad arthipratyarthinor api II


240 QUOTATIONS FROM NARADA. HI, 4.

granted to him (by the judge), whether he be plain-


tiff or defendant.
4. When the defendant contradicts the charge,
such an answer is termed a denial in a cause.

5. When, the plaint having been reduced to writ-

ing by the plaintiff, the defendant admits it but


adduces some special circumstance, it is called a
(retort in the form) pratyavaskandana (special plea).
6. That (answer) is no (true) answer which is

dubious, not to the point, too narrow, too extensive,


or meeting one part only of the plaint.
7. An answer which treats of a different subject,
or which is incomplete, or couched in obscure lan-
guage, or confused, not intelligible without an ex-
planation, or unreasonable, will never enable (the
defendant) to gain his cause.

4. Raghunandana, p. 17 ;
M. Macn. I, 5, 7, &c. (' Katyayana').
5. M.Macn. I, 5, 9.

6,7. V. T. ; M.IMacn. I, 5, II. 'Dubious,' as when (the plaintiff)


having declared : This man has received a hundred Suvar«as from
me, (the defendant replies) : Yes, I have received a hundred
Suvarwas or a hundred INIashas. '
Not to the point,' as when a
debtor being sued for a hundred Suvar/^as, replies that he has re-
ceived a hundred Pawas. Too narrow,' as when (a debtor) being
'

sued for a hundred Suvar/ms, replies that he has received five.


'
Too extensive,' as when (a debtor) being sued for a hundred
Suvar«as, replies that he has received two hundred. '
INIeeting one
part only of the plaint,' as when (a debtor) being sued for gold,
clothes, and other objects, replies that he has received gold but
nothing else. '
Which treats of a different subject,' as when an
action for debt is answered by referring to a different title of law,
e. g. when a man being sued for a debt of a hundred Suvaiv/as,
replies, He (the plaintiff) has struck me. '
Incomplete,' not con-
taining any reference to the particulars of country, place, and so
on, as when the plaint states a certain field situated in the central
country (INIadhyade^ya) near Benares, towards the east of it, to have
been seized by the defendant, and the defendant replies merely, '
I
1

Ill, II. THE ANSWER. 24

8. In the case of a denial, the burden of proof


rests with the plaintiff; in the case of a special plea,
(it rests) with the defendant.

9. Let (the plaintiff) make an answer which corre-

sponds to (the contents of) the plaint. If he does


not (make an answer), the king shall cause him to
make by employing (any of) the
one, (four) methods
of conciliation, division, and the rest, till the matter
has been cleared up.
10. When, in the case of a denial (on the part of
the defendant) the
himself admits such plaintiff
(denial) as correct, has to be considered as a con-
it

fession, and one half of the (ordinary) fine shall be


inflicted on the plaintiff.

11. In the case of a denial, the burden of proof


rests with the plaintiff; in the case of a special plea,

have taken it.' '


Couched in obscure terms,' as when in a suit for a
hundred Suvar;;as the defendant exclaims, Am I the only person '

indebted to this man?' implying by his speech that the chief judge,
or assessors, or plaintiff, is indebted to another man. 'Confused,'
inconsistent, as when in an action for a hundred Suvarz/as the
defendant declares, Yes I have received that sum, but I do not
'
;

owe it.' Not intelligible without an explanation,' owing to the


'

use of wrong inflections, compounds, or constructions, or to the


employment of a foreign language. Unreasonable,' contrary to '

common sense, as when the plaint runs as follows : The defendant


has received a hundred Suvarwas from me, repayable with interest,
and has paid the interest only, and not the principal ; and the de-
fendant replies :
'
Yes ; I have paid the interest, but have not
received the principal.' JM.

8. M. Macn. I, 5, 14 (uncertain); May. p. 11.

9. Smritik.yathartham uttaraw dadyan na ^et tad dapayen nri-


pa^ I samabhedadibhir margair yavat so^rrtha/i samuddhr^'ta/^ n
Bribery and force are the two remaining methods.
10. Smnlik. nihnave tu yada vadi svayaw tat pratipadyate i

g?leya sampratipattis tu tasyardho vinaya/^ smr/ta^ II

11. M. Macn. II, 6, 5.

[33] R
;

242 QUOTATIONS FROM NARADA. Ill, 12.

it rests with the defendant but in a plea of former ;

judgment, all that is required in the shape of proof


is to produce the previous decree.

1 2. The defendant is at liberty to delay his answer


for three days, or for five days even.

IV. Writings and Possession.


1. A writing (or document) should be signed by
witnesses, the (natural) order of ideas and syllables
should not be interrupted, local customs and general
rules should be observed in it, and it should be com-
plete in every respect.
2. A document signed by the king with his own
hand, or sealed with his own seal, is declared to be a
royal document, and is (considered as equal to) an
attested document in all affairs.
3. A document suspected (to have a blemish) is

valid, unless the debtor should have clearly indicated


its blemish and so (is the validity of) a document
;

which is more than twenty years old (established by


mere lapse of time).
4. In the beginning, gift is a cause (of ownership)

12. Vy. K. pratyarthi labhate kalaw tryaha/?/ pawHham eva va I

IV, I. Smr/ti/^. lekhya;/; tu sakshimat karyam aviluptakrama-


ksharam \ defa-^arasthitiyuta;« samagraw? sarvavastushu li

2. Smmi^. Viram. ; p. 195 (' VasishMa ').

3. Smr/ti>^. Viram. p. 200 ('Katyayana '). The validity of a


;

document having been called into doubt, because it either has a


blemish or has been vitiated by the lapse of a considerable time, it
becomes valid through proof by ordeal. This is the meaning, mere
lapse of time being insufficient to produce validity. Smr/ti/^. This
interpretation can hardly be correct, as ordeals are not referred to
in this text.

4. M. Macn. Ill, 6, 5. In the case of the first man (possessor)


:

IV, 7- WRITINGS AND POSSESSION. 243

in the middle, possession with a title ; but continued


and hereditary possession by itself is also a good
cause (of ownership).
5. There are six modes of acquiring wealth : by
obtaining (property), what is declared to have been
given or earned, (acquisition through) valour, (in

the shape of) a marriage portion, and through in-


heritance from relations or others.
6. Having listened to the answer, (the plaintiff)
at the trial shall produce a document as evidence,
or he shall prove possession continued for a long
time, and corroborated by (the statements of) the
neighbours, or by (other) evidence.
7. Supposing a religious student were to perform
some vow extending over a period of thirty-six
years, or a man (engaged in trade or traffic) were
to reside abroad for a long time in the pursuit of
wealth

possession proved by witnesses is superior to, or more decisive


than, possession, excepting hereditary possession. Such hereditary
possession, again, is superior in the case of the fourth in descent
to a title proved by documents. In the case of an intermediate
claimant (as e. g. the second or third in descent) a title coupled
with possession of short duration even is more decisive than a title

entirely destitute of possession. M.


5. Smrz'ti-^. labdhaw danakriyaproktaw sauryam vaivahikaw tatha I

bandhavadipra^a^ataw shart'vidhas tu dhanagama/z Obtaining,' 11


'

by birth, paternal or other (inherited) wealth ; or, obtaining property


by finding it, as in the case of treasure-trove. Smr/ti^.
6. Smr^'ti/^. .yrutvottaraw kriyapade lekhya?« sadhanam uddijet I

samantalakshawopeta bhuktir va ^irakaliki. '


The term sadhanam
a fortiori denotes witnesses in this place. Therefore the meaning
is as follows. In a dispute regarding a house, field, or other (im-
movable property), the claimant must adduce a document or
witnesses, or he m.ust plead possession.' Smr/ti/^'.

7-10. Smniik. brahmaX'ari X'aret ki^Wyl'id vrata?;/ sha/tri;;zjadab-

dikam 1 artharthi Mnyavishaye dirghakala/« vasen nara// II sama-


R 2
244 QUOTATIONS FROM NARAUA. IV, 8.

8. If, then, the student after having completed his


period of studentship (and returned from his pre-
ceptor) were to look after his property, possession
(by a stranger) continued for fifty years would be
capable of depriving him of his property.
9. Twelve years for (the study of) each Veda is

the period ordained for those engaged in the pursuit


of religious knowledge for those engaged in the ;

acquisition of mechanical (or manual) skill, the period


(of apprenticeship) is declared to last till they have
acquired their art.

10. What has been possessed against their wish


by their friends or relations, and what has been
possessed by persons offending against the king, is

not lost by the lapse of (a long) time.

V. Witnesses.

I, (By false evidence concerning land, a witness


kills everything ; beware, then, of giving false evi-
dence concerning land.) In the case of (false

evidence concerning) water, the consequence is said


to be the same as for land, and so it is in the case
of carnal connexion with a female, as well as (in the

vri'tto vrati kuryat svadhananveshawaw tata/^ I pa«-('ajadabdiko


bhogas taddhanasyapaharaka>^ II prativeda?/^ dvadajabda/^ kalo vi-

dyarthinaw smr/ta// I
jilpavidyarthinaw >^aiva grahawantaA pra-
kirtita/^ II suhr/'dbhir bandhubhij kaisham yat syad bhuktam avaj-
yatam | nr/paparadhikaw /(-aiva na tat kalena hiyate 11 See Manu
III, I.

V, 1-3. Viram. p. 171, See Narada I, 17, 209 (above, p. 92),

the text immediately preceding these texts in the Viramitrodaya.


I, 3 = Manu VIII, 100, 10 1. All these texts, up to 10, form part
of the exhortation to be addressed to the witnesses by the judge.
In 2, I have substituted tatha^vavat, the reading of the Todavi-
nanda, for tathapnuyat.
V, 7- WITNESSES. 245

case of false evidence) concerning gems produced in

water, and everything consisting of stone.


2. In the case of honey or clarified butter (the
consequence) is the same as (when false evidence
has been given) with regard to small cattle. He
incurs the same guilt as in the case of a horse (by
giving false evidence) regarding a vehicle. The
case of silver, clothes, grain, or the Veda is equal to
the case of a cow.
3. Having considered all these evil consequences
attending a false declaration, (a witness) must declare
openly everything as (he has) heard or seen (it).

4. Kubera, Aditya, Varu;2a, ^'akra (Indra), the

son of Vivasvant (Yama), and the (other) guardian


deities of the world are constantly looking on with
divine eyes.
Let (the judge) ask a Brahman for his testi-
5.

mony by saying, 'Speak;' a Kshatriya by saying,


'
Speak the truth a Vai^ya, by referring to his kine,
;
'

grain, and gold but a 6'udra (by conjuring him) by


;

all possible wicked deeds.


6. Whatever places (of torment) are assigned (in
a future state) to the murderers of Brahmans, or to
the slayers of women and children, and to him who
betrays a friend, or shows ingratitude, those very
places shall be thy home (after death) if thou
speakest falsely.

7. All meritorious deeds which thou, O good


man, hast done since thy birth, would go to the

dogs, if thou shouldst speak falsely.

4. Smr/ti^. kuberadityavaru;/ai'akravaivasvatadayay^ I pajyanti

lokapalai- H nitya?« divyena -^akshusha II

5-9. Vy. K. Identical with Manu VIII, 88-92.


;'

246 QUOTATIONS FROM NARADA. V, 8.

8. Although, O virtuous man, thou thinkest of


thyself, '
I am alone,' yet that says who sees the evil
and the good ever resides in thy heart.
9. If thou art not at variance with the god Yama,
the son of Vivasvant, who resides in thy heart, thou
needest not go to the Ganges or to (the country of)
the Kurus.
10. Perjured witnesses, as well as those who rob
others of their property, and wicked kings, shall have
to reside (hereafter) in a very dreadful hell for the
time of a kalpa.
11. When (a calamity such as) an illness, or fire,

or the death of a relative, happens to a witness


within seven days after his evidence has been taken,
he be made to pay the debt and a fine.
shall
12. Learned Brahmans and other such persons

(are incompetent witnesses) under a text of law


thieves and the like persons, on account of their
notorious perversity ;
(the deposition of the witnesses
is worthless) owing to mutual contradiction when
the witnesses make mutually conflicting statements
at the trial of a cause.
1 3. One who gives evidence
'
of his own accord
is a witness who comes to make a deposition of his
own accord, without being appointed (a witness).
Such a man is termed a spy in the law-books, and
he is not worthy to become a witness.

10. Smr/ti/('. ativanarake kalpaw vaseyu/^ ku/asakshi«a>^ I para-


vittahara ye ka. ragams X'apyadharmika/i 11 A kalpa is a fabulous
period of time, the duration of which is reckoned in various ways.
11. Tod. Identical with Manu VIII, 108.
12-14. Viram. p. 151.12, 13 a, and 14 occur in the Minor
Narada as well (p. 34), where they come immediately after a text
which is identical with Narada I, 12, 157 (above, p. 82).
yi, 4. ORDEALS. 247

14. 'One rendered incompetent by intervening


decease ' is a witness (who comes) after the death of
the claimant, unless he should have been instructed
(by the claimant) on his deathbed.

VI. Ordeals.

1. Let (the defendant) touch the heads of his


sons, wife, or friends ; or else the (ordeal by) sacred
libation (may be performed), whatever the nature of
the charge may be.
2. It is on the claimant that the duty of declaring
his readiness to take on himself the penalty (to be
awarded to the losing party) devolves in every case.
Or the ordeal may be performed by either party at
pleasure, the other party consenting to give the
penalty (to be awarded in case of defeat).
3. To persons suspected by the king, or denounced
(as criminals) by (intercourse with) robbers, or intent
on their own justification, an ordeal must be admin-
istered without binding (an opponent) to give the
penalty.
4. (The performance of) an ordeal is ordained in

VI, I. Viram. p. 226; M. Macn. X, i, 5 (uncertain).


2. Viram. p. 228.
3. V. T. ; M. Macn. X, i, 5 a (uncertain). The Mitakshara ex-
plains the term s\ra./i or msha, which has been translated by 'penalty'
in this paragraph and in the preceding text, as denoting the
head, i.e. the fourth or principal division of a lawsuit, which involves
defeat or success, and results in the awarding of a punishment or
fine to the losing party. It appears more probable, however, that
jiras, 'head,' is an equivalent for '
life,' the accuser having to declaie
his readiness to risk his life, i. e. a heavy punishment, in case of
defeat.

4. Smrzti;^. karate mahati proktawz divya;?^ vadarthina//z nr/«am I

jirovarti yada na syat tada divyaw/ na diyate II This is apparently the


248 QUOTATIONS FROM NARADA. VI, 5.

important cases, when people are engaged in a con-


troversy ; an ordeal must not be administered when
there is no one ready to take the punishment on
himself.
5. Justice is based on truth, and litigation (depends)
on witnesses. When a case admits of divine test,
human evidence (the testimony of witnesses) or
documents must not be resorted to.

6. The (ordeal by) sacred libation has been de-


clared by the wise to be applicable to all (castes),
and poison (to all castes), excepting the Brahman
(caste). (Either the balance is reserved for Brah-
mans), or the balance may be administered to
(members of) every caste.
7. The (ordeal by) sacred libation may be admin-
istered in every case. The (ordeal by) balance is

admissible in every season.


8. Eunuchs, distressed or feeble persons, the
severely afflicted, infants, old men, women, and the
blind should be tested by the balance always.
9. (The ordeal by) poison is not destined for

correct reading of the text translated above, Narada I, 19, 257


(pp. loi, 102).
5. M. Macn. X, i, 7. In actions for debt and the Hke, though
witnesses possessing the required qualifications (such as veracity,
&c.) should have been adduced by the plaintiff, an ordeal may be
administered, if the defendant proposes an ordeal and promises to
give the fine or other penalty to be inflicted in case of his being
defeated, because witnesses are subject to the fault of partiality,
whereas an ordeal shows the true state of the case, as no fault can
be found with it, and is an emblem of justice. INI.
6. Viram. p. 235. This text comes after Narada I, 24, 335
(above, p. 117).
7. May. p. 18 (text).

8. 9. Viram.p. 235. In the third Pada of 8, I read balavr/d-


dhastriyo^ndhawi-z^a with Smr/ti/^. for balavr/'ddhaturan stru kz
VI, 14. ORDEALS. 249

women, nor is (the ordeal by) water fit to be admin-


istered to them ; it is through (the ordeals by)
balance, sacred libation, and others that (the judge)
must explore the true state of their minds.
10. Let (the judge) test strong men by fire, water,

or poison, and let him test infants, old or distressed


men by the balance.
Let (the judge) avoid (the ordeal by) fire in
11.

the case of lepers, (the ordeal by) water in the case


of the asthmatic, and (the ordeal by) poison in the
case of bilious or phlegmatic persons.
12. In the season of the rains, let the (ordeal by)
fire be administered ; also in the cold and chilly

seasons. In the summer season, the (ordeal by)


water is the proper (kind of ordeal). Poison (is

destined) for the cold weather.


1 3. The chilly, cold, and rainy seasons are declared
to be (the proper seasons) for the (ordeal by) fire ;

the autumn and summer seasons, for the (ordeal by)


water the (ordeal by) poison, (is fit) for the cold and
;

chilly seasons.

14. The months of A^aitra (March-April), Marga-


6-irsha (November-December), and Vai-rakha (Aprll-

(Viram., Tod), as the term atura occurs twice under the latter

reading.
9. M. IMacn. X, i, 12 (uncertain); Nepalese Narada.
10, II. Minor Narada I, 5, 116, 118 (p. 46). For the Sanskrit,

see Narada-smrzti, p. 1 1 2, note. Nearly identical with a text usually


attributed to Pitamaha, Viram. p. 237.
Viram. pp. 239, 240. Nearly identical with Narada I, 19,
12.

254 loi) and Minor Narada I, 5, 113, 114 (p. 46).


(p.

13, 14 a. V. T. M. Macn. X, i, 10 (uncertain). These two texts


;

are elsewhere attributed to Pitamaha, and it is certainly difficuh to


reconcile them with 12.

14 b. Viram. p. 240. In the quotations, this text comes after


250 QUOTATIONS FROM NARADA. VI, 15.

May) are proper months for all (ordeals), and not


adverse to any kind of ordeal.